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Case No. 18-1810

For summaries from opinions prior to August, 2018, view PDF versions here

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:
18-1810
Date Published:
Nov 06, 2019
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. 

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