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7th Circuit reverses Southern District judge

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The 7th Circuit Court of Appeals has reversed a decision by U.S. Judge Sarah Evans Barker in the Southern District of Indiana involving a former police officer’s claim that he was falsely arrested for murder following a shooting outside an Indianapolis bar.

The events leading up to this false arrest action took place during a 2007 New Year’s Eve celebration at Durty Nelly’s Pub & Eatery in Indianapolis, where Shannon McComas’s wife was a manger. McComas, an off-duty Indianapolis police officer, was present when a fight broke out about 3 a.m. It resulted in a shooting outside the bar near the front entrance. A security guard was shot and killed.

The Indianapolis detective being sued, Edward Brickley, responded to the police call, and the police investigation led to McComas being interviewed. His statements about what happened that night didn’t add up, and the police investigated and eventually determined he was involved in the fatal shooting and may have assisted another man who was a suspect. State prosecutors charged him with only false informing and assisting a criminal, but after police dropped the charges, McComas filed a false arrest action under 42 42 U.S.C. § 1983.

At the District level, Barker denied Brickley’s motion for summary judgment, finding that a genuine dispute existed as to whether Brickley’s actions were protected by the existence of probable cause and whether he was protected by qualified immunity.

Barker relied on the appellate rulings in Chelios v. Heavener Chelios, 520 F.3d 678 (7th Cir. 2008), and Clash v. Beatty, 77 F.3d 1045 (7th Cir. 1996), when she held that factual disputes prevented the application of qualified immunity at the summary judgment stage. But the 7th Circuit found this case is different, because the earlier decisions involved factually intensive questions about whether officers employed excessive force, and this one did not.

Looking at all the facts together, the appellate panel found that arguable probable cause existed for an arrest on the charges of assisting a criminal and false informing based on what Brickley knew at the time of the investigation.

The 7th Circuit remanded Shannon McComas v. Edward Brickley, No. 11-2138, to Barker for further proceedings.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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