excessive force

Fort Wayne pays $125K to settle excessive-force lawsuit

June 13, 2016
 Associated Press
Fort Wayne has agreed to pay $125,000 to settle an excessive-force lawsuit with a Michigan man.
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Handcuff injury claim against Alexandria officers proceeds

May 19, 2016
Dave Stafford
A man who claims he was injured after he asked Alexandria police not to handcuff him during a compliant arrest because he'd had recent rotator cuff surgery that limited his shoulder mobility may proceed with a federal lawsuit against the officers, a judge ruled Wednesday.
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7th Circuit: Officer not entitled to qualified immunity

May 12, 2016
The 7th Circuit Court of Appeals affirmed a police officer who released a dog during an arrest to find a suspect is not entitled to qualified immunity.
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Ball State police still face excessive force lawsuit

May 3, 2016
 Associated Press
A federal judge’s recent ruling means Ball State University will have to settle or defend itself at trial in a two-year-old civil rights lawsuit filed by a hip-hop artist.
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Judge affirms 14-month sentence for ex-Putnam County deputy

April 15, 2016
 Associated Press
A federal judge has affirmed his original sentencing decision for a former central Indiana sheriff's deputy convicted of civil rights violations.
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Court denies summary judgment in excessive force case

March 2, 2016
Scott Roberts
The 7th Circuit Court of Appeals said there was enough evidence against two officers accused of excessive force while arresting a Hammond man to create material dispute and therefore reversed summary judgment for the officers. The case was remanded to District Court for further proceedings.
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7th Circuit finds cop’s sentence ‘light,’ orders resentencing

January 28, 2016
Jennifer Nelson
A Putnam County police officer convicted of purposefully seriously injuring two people while arresting them will be resentenced after the 7th Circuit Court of Appeals found his 14-month sentence to be “light” in comparison to similar cases.
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East Chicago settles lawsuit alleging excessive force

January 19, 2016
 Associated Press
Court records say the city of East Chicago has settled a lawsuit with the family of a now-deceased man who alleged a police officer used excessive force against him in 2012.
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Man accused of killing Indianapolis officer suing city

January 14, 2016
 Associated Press
A man facing death penalty charges in connection with the slaying of an Indianapolis police officer is suing the city for excessive force and seeks $2.3 million in damages.
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Man’s federal claims against Noblesville police fail

January 5, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
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Judge limits police expert testimony in excessive force case

December 17, 2015
Dave Stafford
A defense expert may not testify whether he believes a Richmond police officer used excessive force when he punched an unruly man in the face three or four times while the man was handcuffed to a hospital gurney.
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High court rejects LA appeal over $5.7M jury award to felon

December 14, 2015
 Associated Press
The justices on Monday let stand a lower court ruling that upheld the award to Robert Contreras, who was left paralyzed after police shot him multiple times when he fled the scene of a drive-by shooting in 2005.
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Evansville asks US Supreme Court to review SWAT raid ruling

November 5, 2015
 Associated Press, IL Staff
The city of Evansville has asked the Supreme Court of the United States to review a federal appeals court's ruling in a lawsuit filed over a SWAT raid.
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Federal judge awards ex-jail inmate $225K in chokehold suit

September 25, 2015
 Associated Press
A federal judge has awarded $225,000 to a former western Indiana jail inmate who alleged a jail officer put him in a chokehold and threw him to the ground.
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Counterclaim in assault gets tossed

August 27, 2015
Marilyn Odendahl
A party guest arrested for allegedly assaulting two sheriff’s deputies was two months too late in filing a counterclaim.
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Police deadly force justified against suicidal man

August 14, 2015
Dave Stafford
Police who shot and killed a suicidal man in his Cloverdale home were justified in using deadly force under the circumstances, the 7th Circuit Court of Appeals ruled Friday.
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7th Circuit blasts Evansville flash bang search, notes racial factor

August 3, 2015
Dave Stafford
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
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US Supreme Court sides with inmate in excessive force case

June 22, 2015
 Associated Press
The Supreme Court of the United States is making it easier for inmates who are accused of crimes — but not yet convicted — to bring cases of excessive force against jail officials.
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Video shows officer using stun gun in traffic stop

October 8, 2014
 Associated Press
A cellphone video released Tuesday shows police in Indiana breaking a car window then using a stun gun on a man after police stopped the driver for not wearing a seat belt. The video, recorded by the driver's 14-year-old son, captured a Sept. 24 confrontation between two adults in the car and police that's the basis of a lawsuit filed in U.S. District Court against several officers and the city of Hammond.
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Epileptic man’s excessive force, wrongful arrest case proceeds

July 17, 2014
Dave Stafford
A man with epilepsy who claims Indianapolis police assaulted and falsely arrested him while he was having a seizure may proceed with numerous claims against the officers and the city, a federal judge ruled Wednesday.
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7th Circuit: Gunman’s reach for weapon nullifies excessive force claim

February 7, 2014
Dave Stafford
A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit won’t excuse IMPD officer from wrongful arrest, excessive force suit

July 12, 2013
Dave Stafford
A man’s federal lawsuit against two Indianapolis Metropolitan Police Department officers and the city will go forward after a federal judge rejected one officer’s interlocutory appeal.
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7th Circuit declines to overturn ruling on excessive force

April 18, 2013
Jennifer Nelson
A man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.
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District judge incorrectly dismissed prisoner’s suit for length and unintelligibility

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.
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7th Circuit affirms ruling for officers on excessive force claims

December 13, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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