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Prisoner adequately stated First Amendment claim against DOC employees

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The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.

Natalie Medley brought her lawsuit against the DOC employees – some who worked at the Rockville Correctional facility and some who reviewed her grievances.

Medley’s visitation privileges were first modified to no-contact for six months after she was found to have violated prison rules by fleeing or resisting prison staff. The no-contact order was extended for another year after she was caught in the bathroom hugging another inmate in an allegedly sexual manner. The restrictions were imposed by a DOC rule – referred to a “three-strikes rule” –  that would permanently restrict certain visitation after the third offense of either fleeing from staff or engaging in sexual conduct.

After filing her grievances, Medley was transferred for several months to the Indiana Women’s Prison before returning to Rockville. Her visitation restrictions have since expired. Medley then brought her civil rights complaint, alleging violations of Indiana law and the state and federal constitutions, as well as that she was retaliated against for filing her grievances.

The Court of Appeals affirmed the dismissal of all of Medley’s claims related to alleged violations of the Indiana Code and the Indiana Constitution. The trial court lacked subject matter jurisdiction regarding the claims arising under I.C. 11-11-5-4 and 11-11-3-9.

The judges also affirmed the dismissal of Medley’s Due Process and Equal Protection claims under the United States Constitution, as well as her claim that the “three strikes” policy infringes upon her First Amendment “right of association.” She failed to state a claim that the policy, as applied to hers and others found to have committed sex-related offense, violates Article 1, Section 23 of the Indiana Constitution.

But they did allow her suit to continue regarding her claims of retaliation against the DOC employees at the Rockville facility.

“We conclude that if prison officials in fact decided to exercise their discretion so as to punish Medley more harshly by revoking her contact visitation privileges and to transfer her to IWP in retaliation for her protected activity and they would not have done so if she had not engaged in that activity, it would be sufficient to state a First Amendment retaliation claim,” Judge Michael Barnes wrote in Natalie Medley v. Bruce Lemmon, Julie Stout, Pam Ferguson, Stacey Milner, Sherry White, L.A. Vannatta, Mike Pavese, Virginia McCullough, 61A01-1209-PL-420.
 

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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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