ILNews

COA rules in favor of DOC employee

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The Indiana Court of Appeals has found the trial court should have granted summary judgment to a Department of Correction employee on a man's claim that he was personally deprived a liberty interest when the DOC refused to remove his name from the sex offender registry.

In Brent Myers v. Jarod Coats, No. 49A04-1104-PL-208, Jarod Coats had tried unsuccessfully to have his name removed from Indiana’s sex offender registry. Coats pleaded guilty but mentally ill in 1999 to two counts of battery, one count of intimidation, and one count of criminal confinement. Although no children were involved in any of the charges and Coats has never been convicted of a sex offense, the DOC told him he had to register as a sex offender. The DOC maintains the registry; Brent Myers is the director of registration and victim services.

Coats kept his registration current, while disputing the requirement and unsuccessfully attempting to have his name removed from the list. After filing suit in federal court in 2009, Coats was removed from the registry and the case was dismissed. He then filed a complaint for declaratory relief and damages in state court against Myers under 42 U.S.C. Section 1983, alleging Myers failed to provide Coats with a procedure to challenge his erroneous listing.

The trial court concluded that Coats had a liberty interest in not being mistakenly labeled as a sex offender and that the process to challenge the erroneous listening was inadequate, which the COA affirmed. The trial court found that there was a genuine issue of material fact as to whether Myers personally deprived Coats of a constitutional right, which the judges reversed. Any policy Myers contributed to or produced was subject to input from supervisors and the DOC’s legal counsel, which undercuts Coats’ argument that Myers was the driving force behind the failure to provide a policy, ruled the COA. The judges entered summary judgment for Myers on this issue.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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