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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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