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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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