Milligan v. Ottumwa Civil Service Commission
Mark Leonard Milligan, Petitioner-Appellee
Ottumwa Civil Service Commission, Respondent
City of Ottumwa and Ottumwa Police Department, Intervenors-Appellants
Attorney for Appellants
Jason M. Craig and Emily A. Kolbe
Attorney for Appellee
Steven Gardner
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge. REVERSED. Heard by Bower, C.J., and May and Greer, JJ. Opinion by Greer, J. (17 pages)
Appellants Ottumwa Civil Service Commission, City of Ottumwa, and Ottumwa Police Department appeal from the district court ruling that reversed the suspension and termination of Sergeant Mark Milligan and awarded him back pay. The appellants argue Sergeant Milligan’s suspension and termination were appropriate and the court erred by refusing to reduce his damages by income he received from other sources. OPINION HOLDS: We find Sergeant Milligan violated department rules and uphold the suspension and termination. Given this determination, the damage question is moot.
