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Excessive force, discrimination suit over alleged beating advances

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A man who claims he suffered a bone-breaking beating at the hands of school employees providing security at his son’s high school football game may proceed with a federal lawsuit against the school district.

Louis Williams sued Munster schools and employees he claims assaulted him after they asked him to step off a grassy area where Williams was standing and talking on his cellphone. Williams was seen at a hospital the next day for a fractured rib, abdominal bruising, shallow breathing and back pain, according to the record.

Magistrate Judge Andrew P. Rodovich denied most of the defendants’ motions for summary judgment Tuesday in the U.S. District Court, Northern District of Indiana, Hammond Division.

Williams, an African-American, claimed excessive force and racial discrimination in Louis Williams v. School Town of Munster, et al., 2:12-CV-225-APR. Rodovich wrote in an order Tuesday that those claims should be heard by a jury.

 “Williams has submitted sufficient evidence for a reasonable jury to conclude that the School Town of Munster’s failure to provide any training on how to provide security and enforce its policies was the result of its deliberate indifference to the constitutional rights of the attendees,” Rodovich wrote.

“The defendants argue that (employees’) actions were reasonable because Williams was acting aggressively and that the defendants ‘simply attempted to move him off the grass.’ ... However, the facts do not support only the defendants’ description of the events,” Rodovich wrote, noting Williams claims the assault took place after he moved from the grass and was prevented from leaving. “(T)he true course of events and reasonableness of the defendants’ actions should be determined by a jury.

“At this stage, the evidence shows that Williams has a plausible claim for excessive force against the defendants. Accordingly, the defendants’ motion is denied.”

Likewise, evidence in the record suggests summary judgment is improper on Williams’ race discrimination complaint. Defendants didn’t yell at non-minorities to get off the grass, for example, and Williams claims defendants made at least one disparaging racial insult during the confrontation.

“At this stage, Williams has presented sufficient evidence to show that the defendants may have acted with a discriminatory intent,” Rodovich wrote.

Summary judgment was granted in favor of the individual employees who are immune from personal liability under the Indiana Tort Claims Act, I.C. § 34-13-3-5(c).


 

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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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