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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.