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Police not responsible for woman's murder

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The 7th Circuit Court of Appeals affirmed the dismissal of a woman's lawsuit against Vanderburgh County officials following the death of her daughter because there isn't a federal constitutional right to be protected by the government against private violence when the government isn't complicit.

In Christine Sandage, et al. v. Board of Commissioners of Vanderburgh County, et al., No. 08-1540, Christine Sandage sued county officials after her daughter and two other people were murdered by Travis Moore, who was on work release at the time. Moore then killed himself. Moore had been serving a four-year sentence for robbery and was in the custody of the Vanderburgh County Sheriff's Department.

Sandage's daughter, Sheena Sandage-Shofner, had complained twice to the sheriff's department that Moore was harassing her. The suit claims the department's failure to revoke Moore's work-release privileges and put him back in prison deprived the victims' of their lives without due process of the law.

The federal appellate court affirmed the District Court's dismissal of the suit because there isn't a federal constitutional right for people to be protected by the government from private violence in which the government isn't associated with or participating in the violence. The 7th Circuit cited several cases to support its ruling, including Bowers v. DeVito, 686 F.2d 616, 618 (7th Cir. 1982), and DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189 (1989).

To have an enforceable federal constitutional right to provide a service such as protection against violence would be impractical and the federal courts would have to decide how much money must be appropriated for police, prosecutions, and prisons; minimum length of state prison sentences; when prisoners should be allowed to be on work release; and other issues, wrote Judge Richard Posner.

The plaintiffs' cite Monfils v. Taylor, 165 F.3d 511 (7th Cir. 1998), in which Monfils had tipped off the police to a thief at his job but begged the police not to release the recorded telephone call or else the thief would recognize his voice. The police agreed to not release the tape, but one officer gave a copy to the thief after he requested it; the thief then killed Monfils. The officer didn't know there had been an agreement not to release the tape. The 7th Circuit in that case upheld a jury verdict in favor of the plaintiff because Monfils would have been safer before the police released the tape, wrote Judge Posner.

"In this case, in contrast, the danger was created by Moore, and by Moore alone; the defendants merely failed to take any steps to reduce the danger," he wrote. "They failed in their moral duty to protect members of the public from private violence, while the police in Monfils took a step - releasing the tape - that either created or greatly increased a danger of private violence."

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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