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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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