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Civil rights lawyer worked on suit to desegregate school system

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The Indianapolis lawyer who worked on several notable cases in Indianapolis history, including a lawsuit which led to the desegregation of Indianapolis Public Schools, died Dec. 26, 2010.

John Moss Jr., 74, was born in Alabama and grew up during a time in which he witnessed racism as well as several important civil rights cases. His son, John Moss III, said his father decided to become a lawyer at a young age after witnessing police beat a town drunk.
 

moss Moss Jr.

“Like a lot of African-Americans in his generation growing up in the South, he had lots of reasons to be motivated to pursue a career that was working for justice,” said his son Sean Moss. “He shared with my brothers and I the challenges he had growing up in the segregated South in Alabama.”

Sean said his father was told many times by people in authority in that environment that he would not amount to anything and that he should just be happy to work at some place like the post office.

After graduating from Dillard University in New Orleans, Moss moved to Indianapolis to attend law school at the encouragement of Dr. Joseph T. Taylor, a sociology professor and the first dean of the School of Liberal Arts at Indiana University – Purdue University Indianapolis. After graduating from Indiana University School of Law-Indianapolis in 1961, he taught at what is now Florida State School of Law for a year before moving back to Indianapolis.

He practiced from 1962 until 2005, focusing on discrimination and civil rights law. He formed a collaboration with Mercer Mance and Charles Walton, Mance Moss & Walton, and also practiced as a solo. Two of his sons, John III and Marc Moss, practiced with their father at some point in their careers. John III practiced with him for six years.

John III said his father’s biggest impact was being an advocate for African-Americans, whether it was employment, school issues, or a criminal law case.

“His whole law practice was to help people,” John III said, noting it was never about the money for his father.

Moss filed the class-action lawsuit in 1968 against IPS on behalf of all African-American students to desegregate the schools, which led to the ordering of IPS students to be bused within the district, and eventually to Marion County township schools, to achieve racial balance.

Moss also worked on a class-action lawsuit against Colgate Palmolive Corp. on behalf of all female employees of the company, which led to permanently increasing the salaries of those women and changed how Colgate paid its female employees. Moss also filed a wrongful-death claim on behalf of Michael Taylor’s family in 1989. Two years earlier, Taylor, a teen in custody of the Indianapolis Police Department, was found dead in the back of a police car with a gunshot wound to his head and his hands handcuffed behind his head. IPD argued he shot himself. An all-white jury in Hancock County in 1996 awarded the Taylor family more than $3.5 million, which at the time was the largest judgment awarded against a municipality in Indiana history.

U.S. District Judge Tanya Walton Pratt recalled practicing with and learning from Moss in her first years as a lawyer. He was, she said, a mentor to many.

“I don’t know if Mr. Moss realized the impact that his wisdom, strength, and character had on me and many other lawyers in the Indianapolis legal community,” Judge Pratt said. “He was a champion of civil rights and often preached that in respect of civil rights, all citizens are equal before the law; he truly believed that the humblest and powerless are the peers of the most powerful. He was never afraid to take on the giants on behalf of the little man or woman – that class of people who are often forgotten and those who were the victims of injustice. John Moss leaves behind a legacy that will not be forgotten.”

His son Marc, who worked with his father on some cases, described his father as a trailblazer who created opportunities for lawyers that he didn’t have. He said his father operated his practice with integrity and he became known as a guy who wasn’t going to back down or be intimidated.

Marc said at a young age it became clear to him that people knew who his dad was because of the manner in which he practiced law.

“It’s ironic that when you aren’t concerned about yourself, you’re exalted. People remember you,” he said. “It wasn’t because he made a lot of money or he worked at some big fancy firm. It was because he made a difference. People knew him as a fighter. That was the special thing about him.”

Outside of the law, Moss was active in his church and coached football for about 25 years at an Indianapolis football program, Tabernacle Recreation Program.

Survivors include his wife June; sons Sean, John III, and Marc; and five grandchildren. •

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  • Uncle John
    In as much as John Moss's Legacy in the Legal World speaks for itself, John Moss the brother, son, father, husband, friend etc.,most of all Uncle. My experence began in south central Los Angeles, where a 5 or 6 year old boy met an uncle he had never met in person, only by mail. You see it was my birthday and my first letter from the mail. Every year for the next 12 years in mid October that letter came, weather John was emershed in a major civil rights case, raising his own children or doing something that would have world wide implacations, the birthday card came. Might seem like a small thing, however, it was the small things not forgotten that made Uncle John a role Model for me! RIP Uncle John.

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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