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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. 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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