Former university soccer coach’s lawsuit after charges dropped fails

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The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.

Serino was arrested by Oakland City Chief of Police Alec Hensley in September 2008 after Serino was told by the university that he was suspended. The charges were eventually dismissed. Serino filed his lawsuit in March 2012 alleging false arrest and malicious prosecution in violation of the U.S. Constitution. He also included Indiana tort claims for false arrest, malicious prosecution and intentional infliction of emotional distress.

The District Court granted Hensley’s and the police department’s motion to dismiss, finding his claims to be time-barred or barred under the Indiana Tort Claims Act. The 7th Circuit affirmed in Christian Serino v. Alec Hensley and City of Oakland City, Indiana, 13-1058. Federal and state law requires Serino to have brought his claims for false arrest by Sept. 15, 2010, two years after his arraignment. Thus, these claims are untimely.

The judges agreed with the District Court that Serino did not present a cognizable Section 1983 claim for malicious prosecution, but for different reasons. The District Court dismissed on the ground that Indiana already provides a remedy for Serino’s harm; but his claim failed before the 7th Circuit because he did not state a constitutional violation independent of the alleged wrongful arrest, Judge Joel Flaum wrote.

The judges also upheld the finding that the state-law malicious prosecution and intentional infliction of emotional distress claims should be dismissed on grounds of Hensley’s immunity under the Indiana Tort Claims Act.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues