Court dismisses photograph suit

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A man's pro se prisoner suit against the public information officer of a correctional facility and a reporter that he claimed are responsible for his shooting injury was dismissed Tuesday by a U.S. District Court judge. The claims weren't actionable under the prisoner's 42 U.S.C. Section 1983 complaint.

In Shandonn M. Shepherd v. Trevor Wendzoka and Jeff Burton, No. 3:08-cv-605, Shandonn Shepherd filed his suit against Trevor Wendzoka, as PIO of the Elkhart County Correctional Facility, and Jeff Burton, a reporter for the Elkhart Truth newspaper, after he was shot in a drive-by shooting in June following his release from the facility.

Several months earlier, a photograph of Shepherd was released to the media by Wendzoka following a murder in which Tyrus Coleman was sought for questioning. Shepherd claimed the drive-by shooting was in retaliation for his being linked to a murder by the newspaper using his photograph instead of a picture of Coleman.

Shepherd claimed his mother told Burton he had the wrong photograph, but Burton ignored her and published an article with his picture. Shepherd alleged Wendzoka libeled his character and exposed him to risk of injury by releasing his photograph to the media.

However, in 2005, Shepherd had given authorities Coleman's name when he was arrested in an unrelated incident. He was later charged with false informing once police discovered Shepherd's true identity; the photo was never updated with the correct information.

In his suit, Shepherd wanted $750,000 for his medical bills and as a result of his reputation being ruined because of the published photo.

U.S. District Judge Joseph Van Bokkelen of Indiana's Northern District dismissed the complaint because claims for slander and defamation aren't actionable under Section 1983, so Shepherd doesn't have a claim against Wendzoka. He also failed to state a claim against Burton because Burton is a newspaper reporter and wasn't acting under color of state law when he printed Shepherd's photograph.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...