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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. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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