City of Gary Police Civil Service Commission, Appellant-Petitioner,
Raymond Robinson, Appellee-Respondent.
from the Lake Superior Court The Honorable A. Leon Sarkisian,
Judge Pro Tempore The Honorable Diane Kavadias Schneider,
Judge Trial Court Cause No. 45D11-1503-PL-22
Attorney for Appellant Rodney Pol, Jr. Assistant City
Attorney Gary, Indiana.
Attorney for Appellee Russell W. Brown, Jr. Scott King Group
of the Case
The City of Gary Police Civil Service Commission
("Commission") appeals the trial court's entry
of summary judgment for Raymond Robinson on his petition for
judicial review from an adverse decision of the Commission.
The Commission raises three issues for our review, which we
restate as follows:
1. Whether the trial court erred when it denied the
Commission's motion to dismiss Robinson's petition
for judicial review.
2. Whether the Commission preserved for appellate review its
claim that the trial court considered inadmissible evidence
on summary judgment.
3. Whether the trial court erred when it entered summary
judgment for Robinson.
We affirm in part, reverse in part, and remand for further
Facts and Procedural History
In September of 2012, agents with the Federal Bureau of
Investigation ("FBI") arrested Gary Police
Department ("GPD") Officer David Finley on charges
of corruption. The FBI's investigation and ultimate
arrest of Finley was based at least in part on tips provided
by a confidential informant ("CI"). Shortly after
Finley's arrest, the CI "went into hiding out of a
valid fear that Finley (or associates) would harm" the
CI. Appellant's App. Vol. II at 61.
On January 19, 2013, Robinson, also an officer with the GPD,
used his GPD credentials to conduct an unauthorized
informational search of the National Crime Information Center
("NCIC") and the Indiana Data and Communication
System ("IDACS"), which are law enforcement
databases that contain information about individuals who have
had contact with law enforcement. Robinson searched those
databases for the CI who had assisted the FBI in Finley's
case. The CI's information in those databases included
the CI's phone number. Shortly after Robinson conducted
that search, the CI began receiving threatening phone calls.
The CI informed the FBI of those calls, and FBI Special Agent
Dan Cooley investigated. In the course of that investigation,
Special Agent Cooley learned that Robinson had used the NCIC
and IDACS databases to access the CI's information.
Special Agent Cooley arranged to interview Robinson at a GPD
station in February. During that interview, Robinson admitted
that he had used his GPD credentials to conduct an
unauthorized search for the CI and that he had seen the
CI's information in those databases. But Robinson stated
that he had performed that search simply out of
"curiosity." Id. Later, Robinson also
admitted that he had ...