New Albany police officer who made racist statement loses appeal

NEW ALBANY, IN (WAVE) – A New Albany police officer's 30-day suspension for making a racially-charged statement has been upheld by the Indiana Court of Appeals.

In January 2010, Officer Jack Messer said to a group of fellow officers during a conversation about public housing, "The biggest mistake the government made was giving those people civil rights." Messer was referring to African-Americans. The conversation took place after roll call while Messer was on duty.

Messer later called his remark "stupid," and testified that he was trying to state that African-Americans have equal rights but have been held back by welfare and government housing.

The NAPD conducted an internal investigation and cleared Messer of wrong doing, but the Police Merit Commission issued a complaint. It found that Messer's original statement caused offense to members of the community, raised suspicions of racism in the department and was conduct unbecoming an officer.

Messer was suspended for 30 days. He appealed his case to the Indiana Court of Appeals, claiming his statement was speech protected by the First Amendment.

On Friday, the Appeals Court rejected Messer's argument.

Messer was a city councilman at the time he made the racist remark. He lost his seat after an unsuccessful run for New Albany mayor last year.