7th Circuit denies petition to remove judge

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The 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.

Rich Bergeron repeatedly asked U.S. Judge Sarah Evans Barker of the Southern District of Indiana to recuse herself in Eppley v. Iacovelli. Plastic surgeon Dr. Barry Eppley sued former patient Lucille Iacovelli in 2009 for defamation and other claims stemming from her dissatisfaction with a face-lift he performed. Judge Barker issued a preliminary injunction ordering Iacovelli and anyone acting as her agent to remove all Internet postings that referred to the surgeon. Bergeron maintained some of those websites, so he was subject to the preliminary injunction. He didn’t remove the postings and was held in contempt and ordered to pay Eppley more than $1,700 as a sanction. Iacovelli died in August 2010, but the defamation suit remains pending, now naming her sister as the defendant.

In addition to finding that Bergeron never intervened in that defamation case and his interest in it is too uncertain to give him the rights of a party automatically, the Circuit judges addressed his desire to remove the judge from the contempt proceeding. Mandamus is a proper vehicle for removing a judge from a case on the ground that the judge’s impartiality might be questioned, as Bergeron argues, wrote Judge Richard Posner in In Re: Rich Bergeron, No. 10-3279.
Bergeron asked for the mandamus before Judge Barker concluded the contempt proceeding, but he didn’t ask the 7th Circuit to stay the proceeding in the District Court. Now it’s too late for the appellate court to order the judge removed from the case because she’s finished with it, Judge Posner continued.

“We could order a do-over of the contempt proceeding were this an egregious case of apparent bias … but the appearance of impropriety in this case is too attenuated to justify that extraordinary remedy.”


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...