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8 more claim abuses in suspended Clark County drug court

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Eight new plaintiffs have been added to a federal civil-rights lawsuit claiming officials involved in Clark County’s suspended drug court program jailed participants for months without due process, conducted improper searches and made unauthorized arrests.

The filing brings the number of claimants to 16, and that number is likely less than half of those expected to ultimately join the proposed class-action litigation, according to the suit.

The amended complaint in Destiny Hoffman, et al. v. Judge Jerome Jacobi, et al., 4:14-CV-12, alleges civil-rights abuses in the problem-solving court that was suspended by the Indiana Judicial Conference in Feburary. It’s the first time the state has taken such action against a problem-solving court.

Destiny Hoffman spent 154 days in the Clark County Jail after she provided a diluted drug screen, and her improper detention led to the discovery that numerous drug court participants had been wrongly jailed for extended periods without a hearing or representation of counsel. Others claimed drug court staff had conducted unauthorized searches or come to their homes and illegally arrested them, at gunpoint in at least one claimed instance.

Of the eight plaintiffs added to the suit before U.S. District Judge Sarah Evans Barker in the Southern District of Indiana, New Albany, seven allege they were jailed without a hearing or the presence of counsel for periods ranging from 18 days to 89 days. One plaintiff claims she was twice improperly jailed – once for 58 days and another time for 59 days.

One of the newly added plaintiffs alleges that in addition to being improperly jailed for 54 to 59 days, he also was illegally arrested by drug court staff at his home.

Clark Circuit No. 2 Judge Jerry Jacobi had presided over the drug court program. After it was suspended, the Judicial Center approved a conditional arrangement in which existing participants’ cases were transferred to Clark Circuit No. 4 Judge Vicki Carmichael.

The drug court has not been permitted to accept new cases, however.

The litigation filed by Louisville attorney Mike Augustus also seeks certification of four classes of drug court plaintiffs:

  •   Those jailed more than 72 hours without due process;
  •   Those on probation from the drug court who are alleged to have violated its rules or policies;
  •   Those arrested by drug court staff who lacked arrest powers between Feb. 18, 2012, and the date of class certification, and;
  •   Those who are or will be subject to arrest by drug court staff who have no arrest powers.


The suit alleges the actions of the drug court violated participants’ rights under the Fourth, Fifth, Eighth and 14th amendments.  

There were approximately 60 to 70 drug court participants in the program when it was suspended and then granted conditional authority.

“The precise number of class members is unknown at this time but is expected to well exceed 40,” the complaint says of those who may have been improperly jailed more than 72 hours.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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