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BY JOE CARLSON
jcarlson@nwitimes.com
219.933.3364 | Monday, July 07, 2008 | (3 comment(s))
EAST CHICAGO | Although no one ever could directly prove East Chicago Mayor George Pabey ordered the firing of a city restaurant inspector in 2005 because of her politics, that fact was reconstructed by jurors through a "mosaic of circumstantial evidence," her lawyer argues.
Blanca Camacho, the former inspector, remains the only city worker among the dozens who sued Pabey in 2005 to have a jury decide in her favor. She was awarded $250,000, including $25,000 in punitive damages, for violation of her First Amendment rights.
But in his first jury trial as a judge, U.S. District Judge Joseph Van Bokkelen refused to make the jury's award official until both sides could air more arguments in writing -- a discussion that appears to boil down to whether the jury was relying on circumstantial evidence or mere speculation in its conclusion. The judge's final ruling is expected in the coming weeks.
Van Bokkelen's decision likely will receive close scrutiny as city officials move into a second round of mass layoffs. At least 50 people were laid off last month as city officials trimmed the bloated work force they inherited from former Mayor Robert Pastrick.
In early 2005, when Pabey fired dozens of people after taking office, he was hit with 21 lawsuits claiming the administration was illegally targeting Pastrick supporters for layoffs.
In the Camacho case, city officials admitted they fired Camacho and retained other workers in the same position who were less reliable, including one who slept on the job, and even hired convicted felons for similar positions afterward.
City officials claimed Camacho was fired for misconduct -- receiving free city work on her home -- but later admitted they ignored city policies that require managers to interview employees accused of misconduct before firing to get "their side of the story."
"The jury relied on more than a wink and a nod. Every reason offered by the (city) was a lie, and the facts of her political support for an enemy of Pabey were evident and known by the city's decision-makers," wrote Camacho's attorney, Anthony DeBonis.
Attorneys for East Chicago argue repeatedly in their briefs that no one ever proved directly that Pabey knew Camacho was a Pastrick supporter -- a failure so blatant that the judge should throw out the jury's decision.
The mayor himself testified that the first time he learned Camacho was aligned with his enemies was when she sued him for violating her First Amendment rights to free political association in 2005.
"As at trial, where (Camacho) cannot establish a legal or factual foundation for her claim, she opts instead to build her case with emotion, rhetoric and speculation," wrote City Attorney David Wright.
Almost every other case was settled out of court. Some of the defendants agreed to drop their claims after evidence was gathered, while others received cash settlements.
Only one other case went to trial -- that of former Fire Chief Ed Duwar, whose case was thrown out of court by U.S. District Judge James Moody after Duwar presented all of his evidence to the jury.
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South Hammond wrote on Jul 7, 2008 9:41 AM:
Former city worker wrote on Jul 7, 2008 8:59 AM:
Good advice for all old, Pastrick-era, disgruntled city workers.
Fun while it lasted! "
Out-of-TownerCity Attorney Wright wrote on Jul 7, 2008 5:58 AM: