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7th Circuit throws out ex-trooper's religious-rights lawsuit

By The Associated Press
07.10.03

SOUTH BEND, Ind. — Police officers cannot select or decline assignments based on their religion, a federal court told a former state trooper who was fired for refusing to work at a casino.

The 7th U.S. Circuit Court of Appeals in Chicago made the ruling in rejecting Ben Endres’ claim that the Indiana State Police violated his right to religious freedom when the agency fired him in April 2000.

Superiors said Endres disobeyed two orders to report to the Blue Chip Casino in Michigan City. Endres, a Baptist, said he refused the assignment for religious reasons.

Baptists oppose liquor as well as gambling, Roman Catholics oppose abortion, and Jews and Muslims oppose the consumption of pork, the judges wrote in the ruling issued June 27.

“Many officers have religious scruples about particular activities,” the judges noted in the decision.

“Does (the Constitution) require the state police to assign Unitarians to guard the abortion clinic, Catholics to prevent thefts from liquor stores and Baptists to investigate claims that supermarkets misweigh bacon and shellfish?”

That would put an unreasonable burden on the police agency, the three-member panel ruled. The decision reversed a previous ruling by U.S. District Judge Robert L. Miller Jr. that denied a motion to dismiss Endres’ lawsuit.

Endres had sought $250,000 in damages, reinstatement and back pay.

A Marshall County judge ruled last year that the state police board had the legal authority to fire the trooper. That ruling did not address the religious-rights argument.

Endres now works as a patrolman for the St. Joseph County Sheriff’s Department.


Update
High court won't take religious trooper's case
Benjamin Endres, who was fired for refusing to work at Indiana casino, had wanted justices to use case to require law enforcement agencies to accommodate employees' religious views. 04.19.04

Previous
State trooper says he was fired after refusing assignment for religious reasons
Indiana State Police defends trooper's dismissal, says religion had nothing to do with it. 05.10.00

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