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Judge: punitive-damage cap unconstitutional

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A Marion County judge has refused to reduce damages in a priest sex-abuse case, saying the punitive damage caps put in place more than a decade ago are unconstitutional.

Marion Superior Judge David Dreyer issued a 20-page ruling Friday in John Doe v. Father Jonathan Lovill Stewart, No. 49D10-0402-CT-0443. The decision came in the case of a Greene County man, who claimed that as a 10-year-old boy the Catholic priest molested him between 1993 and 1997. A jury in April 2008 awarded $5,000 in compensatory damages and $150,000 in punitive damages, the latter that would have been reduced to $50,000.

State statute amended in 1995 says that punitive damages can't be more than three times the compensatory award or $50,000, whichever is greater.

The priest's attorney had asked the court to reduce the punitive damages to that $50,000 mark, but Doe argued that the cap is unconstitutional and that it doesn't apply to his case because the molestation acts started in 1993 before the statute was in effect.

Judge Dreyer determined the statute isn't retroactive, but more significantly that it violates the Indiana Constitution with respect to separation of powers and right to trial by jury - the legislative move to limit the jury's verdict goes against a person's constitutional right to trial by jury, he wrote.

"The Indiana Constitution protects each branch of government from interference with each other, and further guarantees Indiana citizens will have their civil cases decided by a jury," he wrote. "The Statute's two provisions ... interpose the will of the General Assembly to supersede otherwise valid verdicts. Accordingly, it contradicts the Indiana Constitution and should not interfere with Doe's punitive damage award."

While other states' constitutional language and setups may allow limits on punitive damages, the judge said Indiana's does not. This statute "materially burdens" the state's core values and is an inadequate substitute for what the framers envisioned in the state constitution.

"Our scrupulous guard against encroachment only allows one finding: the Statute impermissibly alienates Indiana's guarantee to trial by jury, and its nullification is rational and necessary," Judge Dreyer wrote.

More coverage on this case and legal issue will be in the March 18-31, 2009, issue of Indiana Lawyer.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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