ILNews

Judge dismisses prisoner suit

Michael W. Hoskins
January 1, 2008
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A federal judge in Fort Wayne has dismissed a pro se complaint against a local sheriff and jail officials because it doesn't adequately state a claim to recover for alleged sexual harassment during a weapons strip search.

U.S. District Judge Philip Simon ruled in Nathan W. Romine v. Nick Yoder, et al., No. 1:08-CV-036 PS, which involved a suit from an Adams County Law Enforcement Center inmate. Romine said he was sexually harassed at the jail during a strip search for a razor blade but didn't make accusations that he was improperly touched or that the search wasn't proper.

The complaint claimed a guard snickered during the search and made "unnecessary, sexual comments" about his genitals.

In his decision, Judge Simon relied on caselaw changes in the past year from the Supreme Court of the United States to the 7th Circuit Court of Appeals. He relied on Bell Atlantic v. Twombly, 127 S. Ct. 1955, 1964-65 (2007), and Erickson v. Pardus, 127 S.Ct. 2197 (2007), that dealt with pleading standards - Twombly held that factual allegations must be enough to raise a right to relief above speculation, while Erickson held in the context of pro se suits that complaints must be liberally construed and held to less stringent standards than those where attorneys are involved.

Interpreting those two SCOTUS rulings, the 7th Circuit in August read those two cases together in Airborne Beepers & Video Inc v. AT&T Mobility, 499 F.3d 6663 (7th Cir. 2007), to mean that "at some point, the factual detail in a complaint may be so sketchy that the complaint does not provide the type of notice of the claim to which defendant is entitled."

Judge Simon determined that Romine didn't state a claim and that fear of an injury that didn't occur doesn't state a claim.
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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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