Schwartz told Trooper Shortt that a woman and child came to his residence in response to a domestic disturbance at their home, and that a man came to his residence thereafter and kicked in his door. After the Hamilton police officers arrived, Schwartz telephoned ISP Trooper Maggie Shortt to seek advice as to the proper ISP procedures to follow when having someone arrested. Officers from the Hamilton Police Department and ISP 2 responded to the 911 call. Schwartz called 911 to report a breaking and entering claiming that White had unlawfully entered his residence. White left, but returned a short time later throwing a clay pot through a window pane abutting the door to the residence. White and Schwartz then engaged in a physical altercation in Schwartz s residence. White found Lautzenheiser and Carper in a state of undress. Schwartz opened the door for White, allowing him into the residence and pointed toward the bathroom. Sometime thereafter, Lee White arrived at Schwartz s residence and was looking for his girlfriend, Lautzenheiser. After boating, the three returned to Schwartz s residence. FACTS AND PROCEDURAL HISTORY In the early morning hours of August 6, 2006, Schwartz, Adriane Lautzenheiser, and Amanda Carper were out on a boat on the lake behind Schwartz s residence in Hamilton, Indiana. Whether the Board s decision to affirm the termination of Schwartz s employment with the ISP was arbitrary, capricious, and an abuse of discretion, or otherwise not in accordance with the law. Whether the Board s decision to affirm the termination of Schwartz s employment with the ISP was procedurally flawed due to the Board s failure to rule on Schwartz s motions and failure to issue sufficiently specific findings of fact and II. Schwartz raises the following issues for our review: I. Schwartz ( Schwartz ) appeals from a judicial review affirming the decision of the Indiana State Police Board ( the Board ) to terminate Schwartz s employment with the Indiana State Police ( ISP ). 76D01-0709-MI-360 MaMEMORANDUM DECISION - NOT FOR PUBLICATION KIRSCH, Judge Scott A. 76A03-0806-CV-299 APPEAL FROM THE STEUBEN SUPERIOR COURT The Honorable William C. INDIANA STATE POLICE, Appellee-Respondent. HAGAN Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA SCOTT A. ZOELLER Attorney General of Indiana HEATHER L.
FILED Mar 16 2009, 9:35 am CLERK of the supreme court, court of appeals and tax court ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE: CHRISTOPHER J. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
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