ANDERSON, Ind. - A federal civil rights lawsuit filed by former Anderson Building Commissioner David Eicks was dismissed Friday by the U.S. District Court in Indianapolis. The Court granted summary judgment in favor of the City of Anderson and Mayor Kevin S. Smith.
The Court rejected Eicks’ claim that his civil rights were violated by his removal from the position of Building Commissioner. The Court found that Eicks’ removal was the result of a candidate search process where all applicants wishing to serve as Building Commissioner in incoming Mayor Kevin Smith’s administration, including Eicks, applied to a search team. The search team then interviewed likely candidates, and recommended the most qualified individual for hire. Mayor Smith accepted the search team’s recommendation that current Building Commissioner Michael Widing was the most qualified applicant.
Summary judgment is a procedural tool used by courts to weed out claims that can be decided without a trial. Each party is given a chance to submit evidence and legal arguments to the judge. The judge must then decide if there are any real factual issues that need to be decided at trial, and if not, whether one party is then entitled to judgment as a matter of law.
After dismissing Eicks’ claim under federal law, the District Court remanded one remaining state law claim to Madison County Superior Court for a decision. Eicks’ was paid 170 hours (four weeks, and one and one-quarter days) of vacation when he separated from employment. His remaining state law claim is that he should be paid for four more weeks of vacation, and 1,149 hours of overtime he worked during his employment with former Mayor Mark Lawler’s administration. The City of Anderson has asked that the court grant summary judgment on these claims as well.
Source: City of Anderson
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