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SCOTUS declines to take Indiana case

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The nation's highest court refused to take an Indiana case involving a national insurance crime bureau worker's claim that he was a federal employee rather than an independent contractor when he helped with the prosecution of an insurance case.

At a private conference last week, the Supreme Court of the United States denied certiorari in the case of Joseph Jaskolski, et al. v. Rick Daniels, et al., No. 09-946. The court released its decision in an order list Monday.

Attorneys had filed a petition for writ of certiorari in February following an Indiana Supreme Court decision in November to not accept the case. The state's Court of Appeals had declined to rehear the case following its April 24, 2009, ruling, which affirmed a judgment from Lake Superior Judge Diane Kavadias Schneider on an issue that crossed between the state and federal court systems.

At the state appellate level, the three-judge panel upheld the trial court's denial of a request by Jaskolski and the National Insurance Crime Bureau for certification under the Federal Employees Liability Reform and Tort Compensation Act of 1998, or the Westfall Act, that provides a procedural mechanism to ask the U.S. Attorney General to determine the scope of one's employment.

The state court held that Jaskolski acted as an independent contractor, not as an employee, when he volunteered and cooperated with the federal government in its investigation and prosecution of the Danielses regarding an insurance claim about a 1998 motor home fire. After being acquitted of criminal charges at a jury trial, Daniels and his wife filed lawsuits that were consolidated into a 15-count malicious prosecution suit in Lake Superior Court.

The U.S. Attorney's Office in the Northern District of Indiana declined to certify Jaskolski was working as a federal government employee, and the issue continued to bounce between the federal and state courts through the years and Jaskolski and the NCIB failed to win each time.

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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