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County not dismissed in fired court clerks suits

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Clark County lost in its efforts to be dismissed from suits filed by two fired Clark Circuit Court employees. Chief Judge David F. Hamilton in the U.S. District Court, Southern District of Indiana, ordered the county to file answers to the complaints no later than Sept. 6.

Former Clark Circuit Court employees Chanelle Vavasseur and Jeremy Snelling allege newly elected Judge Daniel Moore fired them Jan.1, 2009, from their jobs as clerks of the court based on their political affiliations. Judge Moore ran as a Democrat in the election, defeating Republican candidate and sitting Judge Abe Navarro. Vavasseur also claimed she was fired because she is African-American.

The plaintiffs each filed suit in May in state court; both cases were moved to District Court. They claim their First Amendment rights were violated and Vavasseur's equal protection rights were violated under the 14th Amendment.

Chief Judge Hamilton released the entry Monday on Clark County's motion to dismiss in Vavasseur and Snelling's cases in a combined entry, Chanelle M. Vavasseur and Jeremy Snelling v. State of Indiana, Clark County, Ind., Clark Circuit Court, and Daniel Moore, Nos. 4:09-CV-0072 and 4:09-CV-0073.

Clark County argued that because the plaintiffs were employees of the Circuit Court, which is an arm of the state, the county is not a proper defendant.

Despite both sides' arguments that the law is clearly on their respective sides that the District Court should order the other side to pay attorneys' fees for frivolous claims or frivolous motions to dismiss, Chief Judge Hamilton wrote Indiana law on the question isn't as transparent as either side claims.

The county relied on State ex rel. McClure v. Marion Superior Court, 158 N.E.2d 264 (Ind. 1959), in which the Indiana Supreme Court held the governor has the power to fill vacancies in the office of Circuit Court Clerk. The plaintiffs relied on Knoebel v. Clark County Superior Court No. 1, 901 N.E.2d 529 (Ind. App. 2009), which held both the court and the county were proper defendants when a court employee who was paid by the county sued for back pay under state law.

Knoebel lends support to Vavasseur and Snelling's view, even if the principal targets of the lawsuits are the decisions by the circuit judge to fire both plaintiffs, wrote the chief judge. But Knoebel might be distinguished from the instant case because that plaintiff Susan Knoebel was a probation officer rather than a clerk; she relied only on state law rather than federal law, and she challenged a decision only about pay levels rather than a termination.

"For now, with an undeveloped record on both the relevant facts and the law, the court denies both pending motions to dismiss filed by the county when the case was still in state court," wrote Chief Judge Hamilton.

The requests for attorney fees' on the question of the county's role as a defendant were also denied to all parties.

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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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