Embattled Hobart police officer fires back in federal court
BY Teresa Auch Schultz firstname.lastname@example.org November 26, 2012 4:08PM
Jeff White, Hobart Police Chief. | File Photo~Sun-Times Media
Updated: December 28, 2012 6:19AM
A Hobart police officer who Chief Jeff White is trying to fire has sued the chief and other officials over the issue.
White asked the Hobart Board of Works Wednesday to fire Patrolman Kirk Homoky, saying the officer had refused to take part in an investigation ordered a while ago. White has not said the reason for the investigation although it is not criminal.
However, Homoky disputes White’s claims in his lawsuit, filed Monday in the U.S. District Court in Hammond. According to the suit, White told Homoky on Nov. 13 that he had to go to Porter County to take a voice stress test, also known as a lie detector test, as part of the investigation.
Homoky went to Porter County, where officers and Detective Garrett Cisezweski told him he had to sign a release form that said he was voluntarily taking the test.
Homoky objected to the word “voluntarily” because he said he was ordered to take the test. He asked if he could sign the form while crossing out the word or to state officially he was not taking it voluntarily. Cisezweski refused, and Homoky was forced to leave, the lawsuit states.
Chief White subsequently made his move to suspend Homoky without pay and to push forward termination, saying Homoky was insubordinate.
The suit claims White’s actions appear to “flout” the constitution by withholding Homoky’s due process rights.
The Hobart Board of Works restored Homoky’s pay at the Wednesday hearing but delayed another hearing on the matter until Jan. 23, which Homoky’s lawsuit contends is a violation of Indiana law requiring such hearings to take place within 30 days.
Homoky asks that the hearing take place by Dec. 19 and petitions for damages and legal fees.
Along with White, the lawsuit names the Hobart Board of Works, Cisezweski, Hobart Detective Jeremy Ogden and the Porter County Sheriff’s Department as defendants.