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Federal court dismisses suit against judge

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A federal judge has thrown out a lawsuit against an Allen Circuit judge because the judge was entitled to judicial immunity in a suit filed by a pro se plaintiff disgruntled about a small claims ruling. 

U.S District Judge Rudy Lozano in the Northern District of Indiana dismissed with prejudice Tim S. Stefanski's suit against Allen Circuit Judge Thomas J. Felts Tuesday. Stefanski claimed the judge denied his right to a jury trial, right to legal counsel, and that his wages are being garnished in violation of the Fair Debt Collection Practice Act.

Judge Felts, entered a judgment against Stefanski and initiated garnishment proceedings to satisfy the judgment from the Small Claims Division of the Allen Superior Court.

Stefanski claimed in Tim S. Stefanski v. Martha M. McDermott and Thomas J. Felts, No. 1:08-cv-00123, because of the collections practices, he was unable to pay his rent and was evicted. He sought monetary and punitive damages against the judge.

Judge Felts is immune from liability in this case because the alleged illegal acts claimed by Stefanski were actions taken within his judicial discretion, wrote Judge Lozano. On this reason alone, the claims against Judge Felts can be dismissed. But the claims are also barred by the 11th Amendment because the judge was being sued in his official capacity and under the Rooker-Feldman doctrine that states lower federal courts generally don't have the power to exercise appellate review over state court decisions.

Stefanski had also filed a similar suit against Allen Superior Magistrate Judge Brian Cook after the magistrate judge entered judgment against Stefanski and initiated garnishment proceedings against him. That suit was also dismissed because the magistrate judge was entitled to absolute judicial immunity.

Judge Lozano noted that claims against Martha McDermott remain pending.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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