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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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