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Judge cautions about filing frivolous suits

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A Northern District judge has warned two litigants that if they keep filing frivolous lawsuits they may be fined, sanctioned, or restricted.

Plaintiffs Michael C. Leadbetter and JoEllen E. Teusch have filed several lawsuits in the U.S. District Court’s Northern District of Indiana in which they allege there’s a large conspiracy involving government and private entities that are part of a “criminal gang” focused on persecuting Leadbetter and Teusch. They even claimed three judges of the Northern District, including Judge Rudy Lozano, are a part of the conspiracy.

The latest complaint filed Oct. 7 alleges Parkview Hospital and Park Center Inc., along with the Fort Wayne Police Department, Fort Wayne City Attorney, and the Allen County Prosecutor’s Office and other entities conspired to deny Teusch medical treatment after she attempted suicide. The two also alleged sometime in the past, Teusch was drugged, confined, and repeatedly raped by a police officer, but was then abducted by others who “cleaned, sterilized, and reclothed” her.

The October suit, Michael C. Leadbetter and JoEllen E. Teusch v. Parkview Hospital, et al., No. 1:10-CV-348, is similar to the one dismissed in September for being frivolous.

Judge Lozano found the instant case to also be frivolous, noting the claims, although phrased slightly different, are still delusional.

“It is past time for Michael C. Leadbetter and JoEllen E. Teusch to stop wasting this court’s time with frivolous filings,” wrote the judge. “Therefore, if either of them file any more frivolous or malicious papers in this court, they may be fined, sanctioned, or restricted.”

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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