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ATTORNEYS FOR APPELLANT Adrian P. Smith David S. Gladish Highland, Indiana ATTORNEYS FOR AMICUS CURIAE INDIANA CIVIL LIBERTIES UNION Michael K. Sutherlin Nicholas D. Conway Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General Thomas M. Fisher Solicitor General Frances Barrow David L. Steiner Deputy Attorney Generals Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 94S00-0505-CQ-243 JOHN CANTRELL, Appellant (Plaintiff below), v. SONYA A. MORRIS, Appellee (Defendant below). _________________________________ On Certified Question from the United States District Court, Northern District of Indiana, No. 2:04-CV-364-PPS-APR The Honorable Andrew P. Rodovich, Judge _________________________________ June 21, 2006 Boehm, Justice. We respond to a question certified from the United States District Court for the Northern District of Indiana as follows: 1) we do not resolve whether Article I, Section 9 of the Indiana Constitution imposes any restrictions on government officials in dealing with political activity or affiliation of public employees; 2) to the extent that tort doctrines give a civil damage remedy to a public employee terminated for political activity or affiliation in violation of Article I, Section

9 of the Indiana Constitution, any such wrongful discharge claim is governed by the Indiana Tort Claims Act (ITCA); and 3) the Indiana Constitution does not of itself give rise to any such claim, and does not prevent the ITCA from applying to such a claim. Facts and Procedural History Public defenders in the Criminal Division of the East Chicago City Court are appointed by the elected judge of that court. In 2002, former East Chicago Judge Eduardo Fontanez appointed John Cantrell. Judge Fontanez did not seek reelection in 2004 and Cantrell actively and openly supported the candidacy of Corinth Bishop II for the post. Sonya A. Morris won the election and took office on January 1, 2004, and terminated Cantrell thirty days later. Cantrell sued Morris in the United States District Court for the Northern District of Indiana, alleging that she terminated his employment as public defender because of his support for her opponent. Cantrell asserted that the termination gave rise to a claim under 42 U.S.C.

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Indiana Law