ILNews

Drug court lawsuits in the works

Dave Stafford
February 12, 2014
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Destiny Hoffman furnished a diluted drug screen and was sanctioned with a 48-hour stay in the Clark County Jail. She wasn’t freed for another five months.

Jason O’Connor was given a 30-day drug court sanction on June 20 of last year, but he lingered behind bars in Jeffersonville until Jan. 24 – more than 180 days longer.

clifford-nathan.jpg Clifford

Nathan S. Clifford also was detained months longer than he should have been.

They’re not the only ones.

“I would anticipate we’re going to find more of these,” said Nathan Masingo, a public defender who represented Hoffman until she pleaded guilty to a Class D felony possession of a controlled substance charge last year and was diverted to drug court. As is customary after someone enters drug court, Masingo then withdrew from the case. He knew nothing of Hoffman’s protracted detention.

“I don’t believe you can waive your right to due process” in instances resulting in loss of liberty, Masingo said. “It appears the court believes (drug court defendants’) due-process rights have been waived and they can go forward and incarcerate people without an attorney present and without due process.”

Hoffman, O’Connor, Clifford and others claim their rights were violated when they were jailed for drug court violations without a hearing and/or without representation of a lawyer. The three were released in late January when a deputy prosecutor reviewing files discovered they had been in jail for months, then rushed to the courthouse to petition for their release.

judge-order-15col.jpg The notice that kept Destiny Hoffman jailed until further order of the court. (Submitted photo)

The wrongful detentions are just one problem alleged against the Clark County Drug Treatment Court overseen by Circuit No. 2 Judge Jerry Jacobi.

Louisville attorney Michael Augustus is representing Hoffman, O’Connor and Clifford, as well as Amy Bennett, Josh Foley and Ashleigh Hendricks Santiago, three more drug court participants who he said intend to sue over alleged civil-rights abuses out of Jacobi’s drug court. Augustus expects additional plaintiffs.

“The common thread is that they were incarcerated without the full hearing and due-process rights afforded to them,” Augustus said.

“I’d like to say I’m shocked,” he said, “but I wasn’t. It was so pervasive and happened with so many individuals that it couldn’t be an isolated error or someone falling through the cracks. … It just appears to me there wasn’t consideration of these people’s rights.”

Jacobi did not respond to messages seeking comment.

Along with the threat of federal civil rights litigation, which Augustus said might qualify as a class action, criminal charges could arise from alleged drug court abuses.

On Feb. 4, Clark County Prosecutor Steven D. Stewart requested appointment of a special prosecutor “to avoid the appearance of impropriety during any further investigation and prosecution of this case, if any.”

Stewart petitioned Clark Circuit No. 3 Judge Joseph Weber to make the appointment. “Indiana State Police … opened an investigation relating to allegations of abuses by officers and employees of the Clark Circuit Court No. 2 Drug Court.” Weber has appointed Jefferson County Prosecutor Chad Lewis to determine if criminal charges are warranted.

Indiana State Police public information officer Sgt. Jerry Goodin of District 45 in Sellersburg said he couldn’t comment on the investigation.

In addition to improper detentions, current and former drug court staff members have been accused of unauthorized arrests and searches of drug court participants. Jacobi recently fired drug court director Susan Knoebel and suspended a drug court staff member, both of whom were accused of carrying out the arrests and searches. Knoebel told the News and Tribune of Jeffersonville she was acting on Jacobi’s orders. She has retained an attorney for a potential civil case over her firing.

Indiana Supreme Court spokeswoman Kathryn Dolan said the Judicial Qualifications Commission, which has disciplinary authority over judges, has not filed charges against Jacobi. Dolan could not confirm or deny the existence of complaints regarding Jacobi or the court because of the confidential nature of such investigations.

Attorneys familiar with the county’s drug court procedures who spoke on condition of anonymity described a court in which defendants were frequently jailed for extended periods of time without a hearing or an attorney present. Some attorneys said they feared problems were so significant that they could lead to the drug court’s demise.

Often, attorneys said, Jacobi imposed sanctions during group court settings, or ordered drug court participants held pending placement in a treatment facility. When no such placements were available, they remained in jail.

That was the case for O’Connor, who was terminated from a rehab program, after which Jacobi sanctioned him to 30 days in jail on June 20, 2013, according to O’Connor’s case record. But in the same entry ordering the sanction, the record shows another order from Jacobi: “Continue to hold in CCJ (Clark County Jail) until further order from the court.”

No further entries appear on O’Connor’s case record until Jan. 24, 2014, after the deputy prosecutor moved for a hearing and O’Connor was released.

Jacobi also ordered Hoffman held until further order after he imposed a 48-hour sanction in August. Hoffman also was released in late January.

Augustus said Hoffman and O’Connor were in a sort of legal limbo. He said they spoke up to question their detentions, but with no defender, “everything fell on deaf ears.”

hoffman-destiny.jpg Hoffman

In several cases, chronological case summary minute entries were made several days after orders were issued or actions were taken. Attorneys said in some cases drug court participants appear to have been detained without orders from the court appearing on case records.

Augustus said attention focused on the drug court after a Jeffersonville resident expressed alarm to a local official when she witnessed drug court staff members handcuffing and searching a program participant.

That’s what happened to Amy Bennett, Augustus said. She arrived at her home where drug court staff members stopped her and placed her in handcuffs, he said.

“It’s definitely systemic,” Augustus said. He’s unsure whether court staff members were acting on orders or were given too much leeway and too little supervision. “If, in fact, they were given orders to do what they did, it still doesn’t for me explain why they did it.”

Masingo, the public defender, said the court has a poor reputation in the local legal community.

“Anyone who goes in that court would have told you there were problems coming,” he said. “I didn’t know it was to this extent.”•

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  • Question please
    South Florida, wow, what a story you have! What jurisdiction? You need to get it to the media. Parents brought pro se § 1983 action against, among others, child services caseworker, county health department employees, police officer, county health clinic, city, county, state child services department, and department director, alleging, inter alia, that their baby was taken from them in violation of their constitutional rights. . Rangel v. Reynolds, 607 F. Supp. 2d 911 (N.D. Ind. 2009)
  • i was kicked out of drug court, incarcerated, then transferred to mental health court
    I had just had a baby by c section 4 weeks before they arrested me and told me I had a dirty urine test after being sober for almost 2 years. I got urine tested every day for those 2 years, given the time to go in by a hotline they set up that we had to call at exactly 7AM. If it hadn't been for my amazing lawyer, I would have gone to prison. I got released after 3 months because they transferred me to another court after my lawyer fought the charges and allegations. After I got released I had to go back to the treatment center that same morning for a meeting with the director. She told me that they had mad a mistake and they new my urine wasn't dirty but I didn't have a place in the other program. When I had been in the first program, 6 months in, my case manager told me to violate my probation on purpose so they could transfer me into the different program. They threatened to kick me and my fiancé out because we were both in the program. They told us if we got married, they would kick us both out. They hinted and mentioned me getting an abortion or else I would be kicked out and have to serve my prison sentence. There are so many things that were screwed up...but I finally graduated the program and moved across the country the day I got my signed papers from the judge. I have never been so insanely confused by life as I was around those people. You are used as a pawn for the judges political re-election agenda, the employees anger and general "little man syndrome", or because you encourage other people to stand up for their civil rights. I was jailed for a week because I "disrespected" an employee by talking to them with an "uneven tone". I never swore, touched them, or anything like that. Dude. This is serious stuff.
    • wrongful incarserations without an attorney present by laporte county drugcourt
      Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.
    • Mental Health Court doing the same thing
      My daughter has Autism and after she told the judge she did not understand what her rights where and signing a plea bargain with her time suspended they waived her into mental health court. She has been sitting in the jail for about 6 months now and was told she gets NO lawyer. All this after her plea bargain said she was going to be released. When I call the court to ask when she is going to be released they get upset with me and tell me when they find appropriate housing. Whats wrong with my home? They have only made effort to contact one place who by the way has accepted her and is just waiting for the courts to do something. I assume since she is disabled she no longer has the right to due process, nor does she have any other constitutional rights? The man who kidnapped her and got her hooked on drugs was already released, even though he has an extensive criminal history. This is my daughters first time in any trouble, and though she does have some part in her actions the system has failed her.
    • wrongful incarceration
      Less than an hour after signing up for drug court, I was given a seven day sanction for a dirty urine. I had not even found out my schedule for observation. I never saw the woman who was supposedly giving me this info. I neither saw a judge or a lawyer. I was not allowed to speak for myself and was never advised that a procedure like this could possibly take place. I was brought back to court the following day and released. I was told "they made a mistake". I would advise anyone to consider alternatives to this program

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    1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

    2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

    3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

    4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

    5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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