Justin Schaefer Obtains Summary Judgment for Municipal Employer – 2019

In December 2019, Justin Schaefer obtained summary judgment in the Henderson Circuit Court on claims against the City of Henderson and the City of Henderson Civil Service Commission. The claims arose after an employee was terminated, following a hearing, from her position as a 911 operator due to allegations that she was intoxicated on the job. The employee alleged that she was not provided due process during the hearing, and that the Commission made its decision without substantial evidence that she had been intoxicated.

Mr. Schaefer filed a Motion for Summary Judgment arguing that the employee had been provided due process because the Commission gave her time to obtain expert opinions and the opportunity to cross examine the City’s own expert on intoxication. The Motion for Summary Judgment also argued that substantial evidence existed for the Commission’s decision because eyewitnesses had observed signs that the plaintiff was intoxicated. The Henderson Circuit Court agreed with the City’s arguments, refusing to substitute its own judgment for that of the Commission, and dismissed Plaintiff’s claims with prejudice. Plaintiff chose not to appeal the Circuit Court’s decision.