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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. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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