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Epileptic man’s excessive force, wrongful arrest case proceeds

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A man with epilepsy who claims Indianapolis police assaulted and falsely arrested him while he was having a seizure may proceed with numerous claims against the officers and the city, a federal judge ruled Wednesday.

Judge Jane Magnus-Stinson denied summary judgment for the city and the officers in most of the claims raised in Randy Lynn v. City of Indianapolis, et al.,  1:13-CV-179. She also ruled that Indianapolis Metropolitan Police Officers Timothy Huddlestone and Nathan Challis are not entitled to qualified immunity.

Huddlestone was the first officer to respond to a dispatch call of a person down in the 2300 block of West Washington Street, possibly having a seizure. He testified that he observed Randy Lynn covered with blood and with a white substance believed to be a narcotic in and beneath his nose. Other officers saw neither blood nor white powder on Lynn at the scene, except for snow that had fallen before the incident happened in February 2011.

Huddlestone said he told Lynn to sit down, but he didn’t respond. Huddlestone then swept Lynn’s foot from under him to take him to the ground, but Lynn attempted to stand, causing Huddletsone to fall on top of him. When Challis arrived, the struggle continued, and Challis used a Taser on Lynn at least three times before an ambulance arrived.

Lynn later was charged with resisting arrest and public intoxication, but the charges were dismissed.

Magnus-Stinson chastised both sides for failing to adequately develop arguments, but she found significant issues of material fact in general that preclude summary judgment in favor of the officers and city. Lynn’s federal Section 1983 excessive force, false arrest and failure to intervene claims remain for trial, as do his state law claims against the city for assault, battery, false imprisonment and malicious prosecution.

Summary judgment was granted in favor of the defendants on Lynn’s claim of municipal liability and Americans with Disabilities Act claim against the city as well as his state law claims against Huddlestone and Challis.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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