ILNews

Circuit Court rules against deputy town marshal

Michael W. Hoskins
January 1, 2007
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A Fort Wayne couple will get their day in court after the 7th Circuit Court of Appeals determined the Orland deputy town marshal violated the couple's constitutional rights during an altercation at a towing lot three years ago.

In Ryan L. Belcher and Daraina Gleason v. Vaughn Norton and Town of Orland, the court ruled 2-1 Wednesday that the case shouldn't have been dismissed by U.S. District Judge Theresa Springmann in Fort Wayne. The district judge had ruled that Norton, the town's deputy marshal at the time, did not unreasonably hold the couple against their will; however, the Circuit Court disagreed.

Belcher and Gleason were traveling on the Indiana Toll Road in February 2004 when the transmission broke in their minivan. When a state trooper stopped to help, he ended up arresting Belcher for driving without a license and had the van towed to Bill's Professional Towing in Orland. Belcher and Gleason went to the yard a few days later to remove personal items from the van, including medicine and court papers, but when they removed more the lot owner insisted they couldn't leave without paying impoundment fees or signing ownership of the van over to the yard. Police were called and Norton arrived; he also wouldn't let the two leave until they abided by one of the two options. Eventually, they signed ownership over to the tow yard.

The couple sued in 2005, but Judge Springmann granted summary judgment to the town and Norton. This 7th Circuit ruling agreed that the town could not be held liable, but the court reversed on grounds that Norton acted inappropriately and could be sued for unreasonable search and seizure because his actions "shock the conscience."

"Because we conclude that Deputy Marshal Norton is entitled to the broad statutory immunity afforded by ITCA, we also must conclude that the statute does not provide an adequate state law remedy to the plaintiffs," the court wrote. "The plaintiffs may recover their costs from Deputy Marshal Norton."

Circuit Judge Daniel A. Manion disagreed in his dissent, noting that: "While the record could, and very well may, indicate that Norton acted improperly, nothing in the record evinces that his behavior was abhorrent," he wrote. "The whole process was unfortunately clumsy and mishandled, but by no means shocking to the conscience."
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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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