Mike Winters v. City of Evansville
29 N.E.3d 773
| Ind. Ct. App. | 2015Background
- Winters, a 30-year Evansville Police Department veteran, supervised as a school security officer at AIS.
- In May 2013, Winters grabbed 16-year-old Z.P.’s crotch in an apparent attempt to illustrate fighting consequences.
- Z.P. and Winters reported the incident; Z.P.’s parents filed an internal affairs complaint; criminal charges were not pursued.
- The Chief issued a personnel order on May 23, 2013 finding eight rule violations, suspending Winters for 21 days without pay, and recommending termination.
- The Evansville Police Merit Commission held a hearing on July 22, 2013, found seven violations, and voted 2-1 to terminate Winters; one commissioner favored only suspension.
- Winters appealed under Indiana Code §36-8-3-4(e); the trial court granted summary judgment for the City; Winters challenged the Merit Commission’s decision on substantial-evidence and due-process grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Chief Bolin’s motivations were relevant to termination. | Winters argues chief’s motive biased termination. | Chief did not decide termination; motive irrelevant. | Irrelevant; chief did not participate in final decision. |
| Whether the commissioners relied on improper considerations. | Winters claims biased remarks show improper considerations. | Remarks did not show improper bias; allowed given context. | No reversible error; decision not based on improper considerations. |
| Whether termination is supported by substantial evidence and proportionate to conduct. | Winters contends punishment is excessive for a one-time act. | Grabbing a minor’s crotch is egregious; supports termination. | Termination supported by substantial evidence; not arbitrary or capricious. |
Key Cases Cited
- Jandura v. Town of Schererville, 937 N.E.2d 814 (Ind. Ct. App. 2010) (agency review; deference to decisionmakers; not a witness-credibility weighing exercise)
- City of Indianapolis v. Woods, 703 N.E.2d 1087 (Ind. Ct. App. 1998) (limited judicial review of administrative actions; substantial-evidence standard)
- McDaniel v. City of Evansville, 604 N.E.2d 1223 (Ind. Ct. App. 1992) (discipline of police officers; deference to executive branch)