ILNews

Court denies officer's summary judgment motion

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge denied an Indiana State Police officer's motion for summary judgment in a suit alleging he violated a motorist's rights under the Fourth and 14th amendments, ruling it should be up to a jury to decide the issues because the parties' stories regarding what happened during the traffic stop differ radically.

In Sukhwinder Singh v. Indiana State Police and Timothy James, No. 1:08-CV-328, in the Southern District of Indiana, Indianapolis Division, ISP and Timothy James filed a motion for summary judgment on Sukhwinder Singh's Title 42, U.S.C. Section 1983 claims that James violated his rights under the Fourth and 14th amendments. Singh claimed James used excessive force in arresting him after stopping Singh for running stop signs and that his driver's license was wrongfully suspended without due process.

James said he believed Singh was trying to escape so he used defensive measures to subdue him. Singh claimed James pulled him from his car, hit him repeatedly, and threw him on the hood of the police car. A bone in Singh's eye socket was broken during the interaction.

James also provided false information in the probable cause affidavit to support charges of operating a motor vehicle while intoxicated and public intoxication charges, stating he advised Singh of the Indiana Implied Consent Law and that Singh refused to submit to a chemical test. Refusal to submit results in a suspension of a driver's license; Singh petitioned the Marion Superior Court for judicial review of his suspension and had it reinstated two months after the incident.

James' motion for summary judgment on Singh's excessive-force claim was denied because there are very different accounts regarding the altercation between the police officer and Singh, wrote Judge Sarah Evans Barker.

James' motion for summary judgment on Singh's deprivation of property claim also was denied by the judge. Singh was deprived of a protected interest - his driver's license - and that deprivation was without due process. Indiana law expressly forecloses an administrative hearing, which required Singh to initiate a review in criminal court to challenge his license suspension. He also wasn't given notice as to how to go about challenging his suspension, wrote Judge Barker.

James and the ISP also invoked a qualified immunity defense to Singh's federal claims as an alternative basis for summary judgment, but it is unavailable on both of his federal claims. The defendants provided no evidence from which the court could conclude excessive force was necessary and that Singh posed a serious threat to James or anyone else at the time. The defendants also failed to provide any legal basis giving rise to an inference that James' actions would have been constitutionally acceptable. Such force, when used in a non-threatening context has been held to be constitutionally unreasonable, she wrote.

Judge Barker did grant James' motion for summary judgment on Singh's state law claim under the Indiana Tort Claims Act because individual government employees acting within the scope of their employment can't be sued. The ISP is not protected by such immunity, and Singh may still pursue his state tort claims against ISP for alleged use of excessive force.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT