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County not dismissed in fired court clerks suits

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Clark County lost in its efforts to be dismissed from suits filed by two fired Clark Circuit Court employees. Chief Judge David F. Hamilton in the U.S. District Court, Southern District of Indiana, ordered the county to file answers to the complaints no later than Sept. 6.

Former Clark Circuit Court employees Chanelle Vavasseur and Jeremy Snelling allege newly elected Judge Daniel Moore fired them Jan.1, 2009, from their jobs as clerks of the court based on their political affiliations. Judge Moore ran as a Democrat in the election, defeating Republican candidate and sitting Judge Abe Navarro. Vavasseur also claimed she was fired because she is African-American.

The plaintiffs each filed suit in May in state court; both cases were moved to District Court. They claim their First Amendment rights were violated and Vavasseur's equal protection rights were violated under the 14th Amendment.

Chief Judge Hamilton released the entry Monday on Clark County's motion to dismiss in Vavasseur and Snelling's cases in a combined entry, Chanelle M. Vavasseur and Jeremy Snelling v. State of Indiana, Clark County, Ind., Clark Circuit Court, and Daniel Moore, Nos. 4:09-CV-0072 and 4:09-CV-0073.

Clark County argued that because the plaintiffs were employees of the Circuit Court, which is an arm of the state, the county is not a proper defendant.

Despite both sides' arguments that the law is clearly on their respective sides that the District Court should order the other side to pay attorneys' fees for frivolous claims or frivolous motions to dismiss, Chief Judge Hamilton wrote Indiana law on the question isn't as transparent as either side claims.

The county relied on State ex rel. McClure v. Marion Superior Court, 158 N.E.2d 264 (Ind. 1959), in which the Indiana Supreme Court held the governor has the power to fill vacancies in the office of Circuit Court Clerk. The plaintiffs relied on Knoebel v. Clark County Superior Court No. 1, 901 N.E.2d 529 (Ind. App. 2009), which held both the court and the county were proper defendants when a court employee who was paid by the county sued for back pay under state law.

Knoebel lends support to Vavasseur and Snelling's view, even if the principal targets of the lawsuits are the decisions by the circuit judge to fire both plaintiffs, wrote the chief judge. But Knoebel might be distinguished from the instant case because that plaintiff Susan Knoebel was a probation officer rather than a clerk; she relied only on state law rather than federal law, and she challenged a decision only about pay levels rather than a termination.

"For now, with an undeveloped record on both the relevant facts and the law, the court denies both pending motions to dismiss filed by the county when the case was still in state court," wrote Chief Judge Hamilton.

The requests for attorney fees' on the question of the county's role as a defendant were also denied to all parties.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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