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Magistrate advises denial of sheriff's motions

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A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine.

Magistrate Judge Tim Baker in the U.S. District Court, Southern District of Indiana, made the recommendations Tuesday in a suit filed by the family of inmate Brian Keith Allen in The Estate of Brian Keith Allen, et al. v. CCA of Tennessee, LLC, et al., No. 1:08-CV-0774. Allen, who was held in Marion County Jail II, collapsed Nov. 25, 2006, and died several days later. His family claimed his death was directly because of the failure of the Corrections Corporation of America, which operated the jail, to provide Allen with his blood pressure medication.

The suit, filed against CCA, Anderson, and two jail employees, alleges Anderson is legally responsible for the death because he had a duty to supervise the contact the Sheriff's Office had with CCA, which includes providing inmates with proper medical care. It was originally filed in Marion Superior court in May 2008 but was moved in June 2008 to the federal court.

Magistrate Judge Baker issued his report and recommendation that Anderson's motion for judgment on the pleadings under Rule 12(c) and motion to dismiss federal claims under Rule 12(b)(6), be denied. The magistrate judge used Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009), and Atlantic v. Twombly, 550 U.S. 544, 570 (2007), which provide a two-prong analysis for courts deciding a motion to dismiss, to come to his conclusion. The suit alleges Allen's death was a direct result of the CCA medical staff's failure to give him his medication or to monitor his hypertension, and that Anderson had knowledge of the substandard medical care provided to inmates but remained indifferent.

The family also doesn't rely solely on a theory of supervisory liability in their claims against Anderson because by alleging the sheriff did nothing despite knowing Allen and others weren't receiving necessary medical attention, the family tries to hold him liable for his own conduct, not the misconduct of his subordinates. It's also too early to rule whether Anderson is protected by qualified immunity.

Magistrate Judge Baker denied Anderson's motion to dismiss the state tort claims against him as moot because in their amended complaint, the family made no mention of the sheriff regarding their tort claims. He also denied the family's request for sanctions because Anderson's motions weren't without merit. In a separate order, the magistrate judge denied Anderson's motion for a more definite statement as to whether he is being sued individually or in his official capacity. At a pretrial conference in May, the family clarified they are suing him both individually and in his official capacity, so the motion is moot.

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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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