ILNews

Judge dismisses prisoner suit

Michael W. Hoskins
January 1, 2008
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A federal judge in Fort Wayne has dismissed a pro se complaint against a local sheriff and jail officials because it doesn't adequately state a claim to recover for alleged sexual harassment during a weapons strip search.

U.S. District Judge Philip Simon ruled in Nathan W. Romine v. Nick Yoder, et al., No. 1:08-CV-036 PS, which involved a suit from an Adams County Law Enforcement Center inmate. Romine said he was sexually harassed at the jail during a strip search for a razor blade but didn't make accusations that he was improperly touched or that the search wasn't proper.

The complaint claimed a guard snickered during the search and made "unnecessary, sexual comments" about his genitals.

In his decision, Judge Simon relied on caselaw changes in the past year from the Supreme Court of the United States to the 7th Circuit Court of Appeals. He relied on Bell Atlantic v. Twombly, 127 S. Ct. 1955, 1964-65 (2007), and Erickson v. Pardus, 127 S.Ct. 2197 (2007), that dealt with pleading standards - Twombly held that factual allegations must be enough to raise a right to relief above speculation, while Erickson held in the context of pro se suits that complaints must be liberally construed and held to less stringent standards than those where attorneys are involved.

Interpreting those two SCOTUS rulings, the 7th Circuit in August read those two cases together in Airborne Beepers & Video Inc v. AT&T Mobility, 499 F.3d 6663 (7th Cir. 2007), to mean that "at some point, the factual detail in a complaint may be so sketchy that the complaint does not provide the type of notice of the claim to which defendant is entitled."

Judge Simon determined that Romine didn't state a claim and that fear of an injury that didn't occur doesn't state a claim.
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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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