ILNews

7th Circuit reverses ruling on police excessive force

Michael W. Hoskins
April 16, 2010
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The 7th Circuit Court of Appeals has decided that a prisoner should have the chance to proceed on a federal claim of police using unreasonable force during and after his arrest for which he's been convicted at the state level.

A unanimous panel ruled today on Ty Evans v. Frank Poskon, et al., No. 09-3140, which comes from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. The appellate judges reversed and remanded a ruling from U.S. Judge David F. Hamilton, who'd ruled on the case last year before he was elevated to that appellate bench.

Evans was arrested in 2005 for attempted murder and resisting arrest, and was convicted and sentenced to 71 years in prison. But as a prisoner proceeding pro se, he filed a federal suit in May 2007 accusing police of violating his Fourth Amendment rights by using excessive force during and after a police raid of his home. Judge Hamilton granted summary judgment for the defendants, finding that Heck v. Humphrey, 512 U.S. 477 (1994), barred the 42 U.S.C. §1983 claim because Evans' assertion that he didn't oppose being taken into custody contradicts his conviction. Unless the resisting-arrest conviction was set aside, Evans could have no valid §1983 claim, the judge ruled.

But analyzing that decision, the panel found that Judge Hamilton didn't address nor did any of the attorneys apply another case that had been handed down just months before Evans filed his federal claim. The nation's top court in February 2007 issued a decision in Wallace v. Kato, 549 U.S. 384 (2007), that held a claim that actually starts before a criminal conviction may and usually must be filed without regard to the conviction's validity. This would apply here so that Evans' claim about excessive force began before he was ultimately convicted and sentenced, the appellate court ruled.

Two of the three accusations Evans raises - that police used excessive force to arrest him and that they beat him severely even after taking custody of him - can proceed because they are compatible with his resisting-arrest conviction, Chief Judge Frank Easterbrook wrote. The third, that he didn't resist being taken into custody, cannot proceed.

"Evans is entitled to an opportunity to prove that the defendants used unreasonable force during and after his arrest," the chief judge wrote.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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