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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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