ILNews

Judge denies motion to reconsider

Michael W. Hoskins
January 1, 2008
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A federal judge took some time this week to defend a previous decision that dropped Indiana as a defendant in a suit filed by a Fort Wayne man who accuses police, prosecutors, and the Allen Circuit Court of discriminating against him.

Pro se plaintiff Derrick O. Martin asked U.S. District Judge Philip Simon, Northern District of Indiana, Fort Wayne Division, to reconsider the court's ruling from earlier this year. The judge issued a three-page opinion Wednesday denying the request that claimed the court had erroneously described his police encounter as one where he was "roughed up" rather than a full assault and battery as Martin had alleged.

Martin filed a suit in September 2007 alleging that police battered him during an arrest, jail officers intentionally injured him and taunted him with racial slurs, and the prosecutor and courts wrongly discriminated against him because of his race. He asked for $5.5 million in reasonable damages, naming 14 defendants that ranged from the city, state, arresting and correctional officers, to even "Bodo," the police dog involved in his arrest.

The judge ruled in February that the state of Indiana - named after it revoked Martin's license - would be excluded as a defendant because the 11th Amendment doesn't allow non-consenting states to be sued in federal court.

"Reconsideration is not warranted here," the judge wrote. "The only issue before the Court was whether the State of Indiana should be dismissed as a defendant. I did not misunderstand or misapprehend the issues."

The order lists comments from Martin stating, "If Rodney King can sue a state for circumstances I believe are similar, I should be able to do so also ..." and that he views the injuries as being "assault and battery, excessive force, and unconstitutional in the worst way."

The judge added that by stating that Martin had been "roughed up" by police, he "did not intend to diminish the seriousness of, or trivialize, Martin's allegations. In any event, my description or perception of the events at issue had no impact on the legal analysis of this straightforward issue under the Eleventh Amendment."
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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