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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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