ILNews

COA affirms dismissal of complaint

Jennifer Nelson
January 1, 2008
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An Anderson man who filed a complaint against the officers that arrested him and two police departments filed his civil action outside of the statute of limitation, the Indiana Court of Appeals ruled April 28.

The appellate court agreed with the trial court in Jon S. Johnson v. Stephon Blackwell, et al., No. 49A02-0709-CV-759, that Johnson filed his four-count complaint against two detectives, the Madison County Sheriff's Department, and the Anderson Police Department after the two-year statute of limitations expired.

After receiving a tip in late February 2003 that Johnson had a large amount of drugs in his home, detectives Stephon Blackwell and Cliff Cole went to Johnson's house to investigate. The detectives told Johnson about the anonymous tip and asked to search his home. Johnson denied drugs were inside and started down a hallway, which caused Blackwell to draw his gun and tell Johnson that his walking away was a safety issue for the detectives. Johnson came back toward the detectives and allowed them to enter the home and search. The detectives found a package of crack cocaine in a dresser.

Johnson was charged in U.S. District Court, Southern District of Indiana, with possession with the intent to distribute crack cocaine. In March, Johnson moved to suppress the evidence, arguing his consent was involuntary. The District Court denied his motion and convicted him in May. Johnson appealed to the 7th Circuit Court of Appeals, which reversed Johnson's conviction and remanded the case to the District Court in October 2005. The indictment was dismissed in July 2006.

In November 2006, Johnson filed his complaint against the defendants alleging civil rights violations, false imprisonment/false arrest, wrongful infliction of emotional distress, and invasion of privacy by intrusion. All the counts were based on the February 2003 search of his home. The trial court granted the defendants' motion to dismiss pursuant to Indiana Trial Rule 12(B)(6) because his complaint was barred by the two-year statute of limitations governing injury to person.

Indiana Code Section 34-11-2-4 says an action for injury to a person must start within two years after the cause of action accrues. The appellate court determined the start dates for each of Johnson's counts, finding the start date for the civil rights violation, wrongful infliction of emotional distress, and invasion of privacy by intrusion counts began on the day the police searched his home.

Citing Livingston v. Consolidated City of Indianapolis, 398 N.E.2d 1302, 1303 (Ind. Ct. App. 1979) and Wallace v. Kato, 127 S. Ct. 1091 (2007), the Court of Appeals found Johnson's cause of action for false imprisonment/false arrest accrued when he was bound for trial in March 2003, wrote Judge Nancy Vaidik.

Even though Johnson's criminal litigation was still pending within the two-year statute of limitations, he should have filed the civil litigation, which would have been stayed until the outcome of his criminal case, she wrote.

"There is nothing that prevented Johnson from filing his civil complaint while his criminal case was pending. ... This is especially so given that when the Seventh Circuit remanded Johnson's criminal case in 2004, which was still within the statute of limitations, the court said that it was a "close question" of whether the detectives had reasonable suspicion to seize Johnson," she wrote.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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