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Monday, July 07, 2008

Ind. Courts - From U.S. District Judge Joseph Van Bokkelen first jury trial

Joe Carlson of the NWI Times reports today in a story that begins:

EAST CHICAGO | Although no one ever could directly prove East Chicago Mayor George Pabey ordered the firing of a city restaurant inspector in 2005 because of her politics, that fact was reconstructed by jurors through a "mosaic of circumstantial evidence," her lawyer argues.

Blanca Camacho, the former inspector, remains the only city worker among the dozens who sued Pabey in 2005 to have a jury decide in her favor. She was awarded $250,000, including $25,000 in punitive damages, for violation of her First Amendment rights.

But in his first jury trial as a judge, U.S. District Judge Joseph Van Bokkelen refused to make the jury's award official until both sides could air more arguments in writing -- a discussion that appears to boil down to whether the jury was relying on circumstantial evidence or mere speculation in its conclusion. The judge's final ruling is expected in the coming weeks.

Van Bokkelen's decision likely will receive close scrutiny as city officials move into a second round of mass layoffs. At least 50 people were laid off last month as city officials trimmed the bloated work force they inherited from former Mayor Robert Pastrick.

In early 2005, when Pabey fired dozens of people after taking office, he was hit with 21 lawsuits claiming the administration was illegally targeting Pastrick supporters for layoffs.

In the Camacho case, city officials admitted they fired Camacho and retained other workers in the same position who were less reliable, including one who slept on the job, and even hired convicted felons for similar positions afterward.

Posted by Marcia Oddi on July 7, 2008 09:15 AM
Posted to Ind Fed D.Ct. Decisions