Court cuts $42.4 million state back-pay award

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The Indiana Court of Appeals has ruled on a suit involving $42.4 million in back pay to state employees, significantly reducing the period from twenty years to less than two months.


In a 54-page decision today in Richmond State Hospital, et al. v. Paula Brattain, et al., No. 49A02-0908-CV-718, a three-judge appellate panel cut the back-pay eligible time period from about two years to a period beginning 10 days before the suit was filed July 29, 1993, and ending when the state abolished its split class system in September 1993. This would reduce only one part of the total – from $23.5 million to an unspecified amount that could be around $2 or $3 million, based on the court record. The remaining $18.6 million isn’t affected by this change, according to the ruling. The Marion Superior Court has been ordered to recalculate the award.


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