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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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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