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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. 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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