Judge denies motion to reconsider

Michael W. Hoskins
January 1, 2008
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A federal judge took some time this week to defend a previous decision that dropped Indiana as a defendant in a suit filed by a Fort Wayne man who accuses police, prosecutors, and the Allen Circuit Court of discriminating against him.

Pro se plaintiff Derrick O. Martin asked U.S. District Judge Philip Simon, Northern District of Indiana, Fort Wayne Division, to reconsider the court's ruling from earlier this year. The judge issued a three-page opinion Wednesday denying the request that claimed the court had erroneously described his police encounter as one where he was "roughed up" rather than a full assault and battery as Martin had alleged.

Martin filed a suit in September 2007 alleging that police battered him during an arrest, jail officers intentionally injured him and taunted him with racial slurs, and the prosecutor and courts wrongly discriminated against him because of his race. He asked for $5.5 million in reasonable damages, naming 14 defendants that ranged from the city, state, arresting and correctional officers, to even "Bodo," the police dog involved in his arrest.

The judge ruled in February that the state of Indiana - named after it revoked Martin's license - would be excluded as a defendant because the 11th Amendment doesn't allow non-consenting states to be sued in federal court.

"Reconsideration is not warranted here," the judge wrote. "The only issue before the Court was whether the State of Indiana should be dismissed as a defendant. I did not misunderstand or misapprehend the issues."

The order lists comments from Martin stating, "If Rodney King can sue a state for circumstances I believe are similar, I should be able to do so also ..." and that he views the injuries as being "assault and battery, excessive force, and unconstitutional in the worst way."

The judge added that by stating that Martin had been "roughed up" by police, he "did not intend to diminish the seriousness of, or trivialize, Martin's allegations. In any event, my description or perception of the events at issue had no impact on the legal analysis of this straightforward issue under the Eleventh Amendment."

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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.