02/17/72 Board of Public Works Special Meeting Minutes

Home Browse Search

.<214 2/17/72 11 MOTION TO OUASH Comes now John J. Roper, the attorney for Mayrice Van Woods, and by way of motion, alleges and says: 1. The Chief of Police, by way of his charges and four (4) Counts, has failed to state a cause of action for which relief can be granted pursuant to Section 48-6105, Burns Ind, Stat. Ann.; more particularly, Maurice Van Woods, at the time of his offense, was not performing his duties for the City of South Bend, but was performing his duties as an employee of the S. S. Kresge Co., and further, the power and authority to act in the capacity in which he acted was not pursuant to the laws, rules, or regulations of the South Bend Police Department, but pursuant to Section 10-3042, Burns. Ind. Stat. Ann,, which authorizes an employee of a mercantile establishment, who has probably cause to believe that a specific person has committed, or is committing, a theft, he may detain the person to require such person to identify himself and to verify such identification. WHEREFORE, Maurice Van Woods prays that the charges against him be dismissed. s/' John J. Roper 111 MOTION TO QUASH Comes now John 'I. Roper, attorney for Maurice Van Woods, and by way of motion, alleges and says: 1. Maurice Van Woods incorporates for reference each and every material allegation of Paragraph 11, rhetorical para- graph one (1) as if they were specifically pleaded herein. 2. The Board of Public Works and Safety has no jurisdiction over the person. WHEREFORE, Maurice Van Woods prays that the charges against him be dismissed. s/ John J. Roper I SPECIAL ANSWER Comes now, John J. Roper, Attorney for Maurice Van Woods, and by way of special answer, alleges and says: 1. Maurice Van Woods incorporates for reference each and every material allegation of Paragraph 11, rhetorical paragraph one (1) as if they were specifically pleaded herein. 2. Maurice Van Woods, acting pursuant to Section 10-3042 Burns Ind. Stat. Ann., was within the scope of his employment and was acting pursuant to the rules and regulations and laws of the State of Indiana and his employer, S.S. Kresgo Company, and as a result thereof, was not in violation -of the code, rules, or reg- ulations of the South Bend Police Department or the City of South Bend, and, therefore, there can be no breach of the same and no "Cause" for removal. WHEREFORE, Maurice Van Woods prays that the Chief of Police take nothing by way of his charges, and for any and all other proper relief. s/ John J. Roper