IMPD lawyer to be deposed in councilor’s wrongful arrest case

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Lawyers for Indianapolis City-County Councilman Joseph Simpson may depose a city attorney about legal advice she gave in another case regarding a state statute at the heart of Simpson’s wrongful arrest case, a federal judge ruled Friday

Magistrate Judge Tim Baker of the District Court for the Southern District of Indiana denied the city’s motion to quash a subpoena seeking to depose Indianapolis Metropolitan Police Department attorney Melissa Kramer on her interpretation of a criminal statute under which Simpson was charged.

“Ordinarily, such advice would be shielded on grounds of privilege. However, Office of Corporation Counsel, which represents Defendants, has put Defendants in a bind,” Baker wrote in Joseph Simpson v. City of Indianapolis and Andrew McKalips, 1:13-cv-791.

Because a transcribed copy of Kramer’s legal opinion was inadvertently produced to attorneys in prior litigation and the city never asked for its return and allowed a witness to be questioned about it in another case, “the unmistakable conclusion is that Defendants have waived any privilege associated with Kramer’s opinion,” Baker wrote.

“The Court rejects Defendants’ suggestion that Kramer’s deposition would be superfluous. Kramer must be produced for a deposition, and Defendants must produce documents as outlined,” Baker ruled.

Simpson was arrested by Officer Andrew McKalips about two years ago after the councilman allegedly refused to leave a neighbor’s house where the officer was investigating a possible burglary. Simpson was charged with refusing to leave the scene of an emergency incident area under the Interference with a Firefighter chapter of I.C. 35-44-1-4-5, and resisting law enforcement, according to the order. The charges later were dismissed.

Simpson sued the city  in May 2013, claiming false arrest and malicious prosecution. The suit alleges Simpson suffered “physical discomfort, loss of liberty, embarrassment and humiliation, emotional distress, and damage to his good name and reputation,” and it seeks damages as well as attorney fees and costs.

At issue is Kramer’s interpretation of whether the interference with a firefighter statute pertained to police emergency scenes. Kramer had provided an opinion in a prior case that also involved Simpson’s lawyer, Indianapolis civil-rights attorney Richard Waples.    

Simpson, a Democrat, represents District 9.



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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