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Indiana man takes lawyer-admission case to 7th Circuit

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A Fort Wayne man who claims he’s being prevented from becoming an Indiana attorney because of his religious beliefs is asking the 7th Circuit Court of Appeals to decide whether a lower federal court properly dismissed his case.

Bryan K. Brown filed an opening brief earlier this week with the federal appellate court, contending that the federal courts should be able to decide his constitutional claims even though they relate to action from the Indiana Supreme Court that prevented him from becoming an attorney.

Admitted and in good standing as an attorney in Kansas, Brown filed this suit in the Northern District of Indiana in late 2009 on grounds that he was improperly required to go through the Judges and Lawyers Assistance Program and that the Board of Law Examiners and Indiana Supreme Court rejected his admission to the state bar.

He contends that an Indiana law license would allow him use the legal system on behalf of pro-life and other traditional Christian causes through the ArchAngel Institute that he created several years ago, but the BLE determined his application to take the bar exam should be denied and that he can’t seek admission again until 2014. Brown raised two-dozen constitutional arguments against JLAP director Terry Harrell, program psychologist Dr. Elizabeth Bowman, and Indiana Chief Justice Randall T. Shepard, as well as several others involved in his case.

In March 2011, U.S. Judge Theresa Springmann dismissed Brown’s case and found that precedent prevents her as a federal judge from addressing what was a state-court action prohibiting his admission. She relied on the Rooker-Feldman doctrine that involves two rulings from the U.S. Supreme Court in 1923 and 1983, which together hold federal District courts lack jurisdiction over lawsuits from state-court losers and that any jurisdiction remains solely with the nation’s highest court. In Brown’s case, the SCOTUS has already denied his petition for writ of certiorari.

Judge Springmann relied on 7th Circuit precedent from a decade ago to determine that Brown’s claims are “inextricably intertwined” with the state action and that the federal court doesn’t have jurisdiction to issue a decision on his constitutional claims.

“The Plaintiff is correct that he is not asking the Court directly to review the Indiana Supreme Court’s order. However, the Court cannot allow artful pleading or argument to obscure what the practical effect of any potential judgment would be – a review and modification of the Indiana Supreme Court’s final order,” she wrote.

The judge also dismissed Brown’s other claims based on immunity arguments, finding that the state defendants are entitled to immunity through the 11th Amendment or as witnesses.

Now, Brown is asking the 7th Circuit to overturn Judge Springmann’s ruling and find the Rooker-Feldman doctrine doesn’t apply to his case. Brown raises questions about the scope of the doctrine and the reach of expert witness immunity, based on his contentions that defendants in this case weren’t properly sworn in under oath and therefore are prevented from being dubbed “witnesses” as required by the state.

The state defendants have until mid-August to file response briefs in the appeal.

This is one of three similar suits filed in recent years against the Indiana Supreme Court, Board of Law Examiners, or JLAP relating to how individuals are admitted to practice in this state.

Another case filed by Clarence Carter involved arguments that the state was improperly requiring him to attend law school before sitting for the bar exam, but a Southern District judge and the 7th Circuit have dismissed that suit.

In July 2009, a Porter County woman filed a federal suit against the BLE in Amanda Perdue, et al. v. The Individual Members of the Indiana State Board of Law Examiners, No. 1:09-CV-842, charging that certain questions regarding fitness violate her Americans with Disabilities Act-rights relating to mental health. That case remains pending before U.S. Judge Jane Magnus-Stinson in the Southern District, and the arguments that had been scheduled for July 22 have been continued until Aug. 24.


 

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  • Calling other victims of
    the political-correctness-on-steriods movement. If John is correct, I would very much like to network with others who were run through the JLAP and/or BLE pc machinery. www.archangelinstitute.org
  • why denied in the first place
    I still dont understand why Indiana denied Bryan's license in the first place.

    IMO state bar admission should not be a tool of political correctness. This is not the first time this has happened.
    • It is refreshing to see
      that journalistic integrity yet exists. I truly did not think this paper would cover my 7th circuit filing due to political correctness concerns. Good for y'all. More details on my pending appeal at www archangelinstitute dot org or dot com.

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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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