An Indiana State Police trooper has been fired for preaching his faith to citizens while on duty. The decision comes after a second lawsuit in connection with former Trooper Brian Hamilton.
Wendy Pyle filed a federal lawsuit Tuesday in Indianapolis against Hamilton, who worked out of the Pendleton post, claiming he violated her civil rights. She's being represented by the American Civil Liberties Union of Indiana (ICLU).
The complaint was the second one in 18 months against Hamilton for preaching to drivers after pulling them over for traffic violations. Indiana State Police say that was in direct violation of an August 2014 counseling statement where Hamilton was told in writing, "During the course of his official duties, S/Trp. Hamilton will not question others regarding their religious beliefs nor provide religious pamphlets or similar advertisements."
The prior allegation resulted in a lawsuit that named the Indiana State Police as a defendant, and was brought to a close in April 2015.
The most recent incident occurred in January 2016.
Indiana State Police say the ICLU was preparing a lawsuit against Hamilton as an individual, but that they were unaware of that lawsuit. ISP says it was not named as a defendant in that lawsuit.
Indiana State Police Superintendent Doug Carter met with Hamilton Thursday and formally ended his employment with the Indiana State Police.
"While all of us – citizen and police officer - enjoy the right to freedom of religion and freedom of speech, there are appropriate and proper restrictions placed on agents of the State related to their actions while engaged in their official duties," said Carter. "While I respect Mr. Hamilton’s religious views I am also charged to respect every citizen’s rights and the best way forward for the citizens of Indiana, and for Mr. Hamilton, was to end his employment as a state police officer. Making the decision to end a person’s career is not a decision I make without considerable thought. I truly wish Brian the best in his future and the ability to follow his heart."
"Today’s termination of Hamilton’s employment with the state police was the result of a thorough internal investigation and would have occurred regardless of any legal action initiated by the ICLU against Mr. Hamilton," said Capt. David Bursten, ISP. "It needs to be clearly understood that the state police internal investigation and the public announcement of the ICLU lawsuit against Mr. Hamilton are independent and separate issues."
Timeline:
On January 14, 2016 a citizen complaint is filed with the Indiana State Police alleging Hamilton questioned a citizen’s religious affiliation during the course of a traffic stop for alleged violation of an Indiana traffic law
On January 15, 2016 Hamilton is notified an Internal Investigation has been initiated and he is assigned Administrative Duties
On February 16, 2016 the review process of the internal investigation begins
On March 9, 2016 the review is completed and the drafting of formal charges begins
On March 22, 2016 a hearing date is scheduled for April 7, 2016 and all involved persons are notified
On April 6, 2016 the Indiana State Police receives multiple media inquiries asking for comment about the Indiana State Police being sued by the Indiana Civil Liberties Union (ICLU) the result of the most recent allegation made against Hamilton
Review of the media inquiries by the Indiana State Police determine Hamilton is being sued as an individual by the ICLU and the Indiana State Police is NOT named in the suit
On April 7, 2016 the hearing, as originally scheduled on March 22, 2016, was conducted, after which Indiana State Police Superintendent Doug Carter rendered a decision to end Hamilton’s employment as a state police officer.
