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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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