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BLE suit moves forward

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Even as the Indiana Board of Law Examiners searches for a new leader, a federal lawsuit remains pending against the state agency’s questions to prospective lawyers about their mental and emotional health.

U.S. District Court Judge Tanya Walton Pratt in late December upheld the May ruling of Magistrate Judge William Hussmann that applicants’ privacy concerns outweighed the need for the BLE to obtain any additional mental health information in discovery. The judge and magistrate assignments have since changed, and Judge Pratt has been weighing that discovery issue for the past several months.

Filed in late 2009, the case of Amanda Perdue, et al. v. The Individual Members of the Indiana State Board of Law Examiners, No. 1:09-CV-0842, boils down to accusations that the Indiana bar examination application violates the Americans with Disabilities Act because of certain mental health questions. The plaintiffs are Amanda Perdue, an Indiana resident who’s admitted to practice in Illinois but wants to practice in her home state, as well as the student ACLU chapter at Indiana University School of Law – Indianapolis where individuals could be impacted by the BLE’s questions.

Judge Pratt’s order Dec. 23 affirms what Magistrate Hussmann had decided earlier last year: that Perdue doesn’t have to answer specific interrogatories from the state BLE and that the board is barred from additional discovery on any of the anonymous class members.

Examining the magistrate’s order and the case at hand, Judge Pratt wasn’t persuaded by the board’s argument that it needs that information to determine whether Perdue is a qualified individual with a disability and constitutes a direct threat to public safety. The applicant has already provided a significant amount of information about her mental health history and that is good enough for the state’s analysis, the judge ruled.

This case is a facial challenge and not one that constitutes a “regarded as” claim, and Judge Pratt decided based on that she isn’t convinced the magistrate’s ruling was clearly erroneous or contrary to law.

Previously, a status hearing was set for April and the court docket doesn’t indicate whether that remains scheduled now that Magistrate Mark Dinsmore has been assigned to the case. Currently, the state has requested that it have until Jan. 19 to file a motion for summary judgment and a response to the summary judgment motion filed by plaintiffs late last year. The extension is needed because BLE counsel took an extended holiday vacation and because of “the complex legal issues and important public policy implications raised by this case,” according to the filed motion.

This is the latest happening since early December, when the BLE’s executive director Linda Loepker resigned from her position unexpectedly. Neither the court nor Loepker has offered an explanation as to what caused the departure and none of the court filings indicate that her departure was connected to this litigation or that it has impacted its progress at this point.

BLE attorney Anthony Overholt with Frost Brown Todd declined to comment on the case progress in recent weeks and instead referred questions to BLE president Jon Laramore.

In an e-mail to Indiana Lawyer, Laramore wrote, “Linda Loepker's departure has not affected the litigation. The briefing will go forward on the schedule set by the court.”

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  1. 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.

  2. 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.

  3. 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.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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