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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

    2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

    3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

    4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

    5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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