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Thursday, February 25, 2016
Ind. Decisions - 7th Circuit decided one Indiana case Feb. 24th
In Kirk Homoky v. Jeremy Ogden (ND Ind., Springmann), an 11-page opinion, Judge Williams writes:
Police Officer Kirk Homoky was under investigation by the Hobart Police Department for officer misconduct. As part of the investigation, he was ordered to submit to a voice stress test, a type of lie detector test, and if he did not he would be subject to dismissal. Homoky refused to sign a release form because his participation was not voluntary, and he was charged with insubordination and placed on administrative leave. He claims that by forcing him to sign the release form under threat of dismissal, he was giving up his right against self-incrimination in violation of the Constitution. We disagree. The department informed him that any statement made would not be used against him in a criminal proceeding, so it was free to compel him to answer any question, even incriminating ones. For the first time on appeal, Homoky also asserts a stigmaplus due process claim. Because it was not presented to the district court, Homoky waived this argument, and we will not review its merits.
Posted by Marcia Oddi on February 25, 2016 10:35 AM
Posted to Ind. (7th Cir.) Decisions