SCOTUS denies one Indiana case, sidesteps others for now

Back to TopCommentsE-mailPrintBookmark and Share

The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.

The Indiana case the court denied certiorari on – the pro se prisoner civil rights suit of Larry B. Benge v. Edwin G. Buss, No. 10-3332 – comes from the 7th Circuit Court of Appeals and Southern District of Indiana.

In September, the Pendleton Correctional Facility inmate sued on allegations that his segregation in prison prohibited him from visiting the law library, access he needed to prepare for a separate action on habeas corpus relief. Citing caselaw that states there is no free-standing right to a law library or legal assistance in prison, Judge Tanya Walton Pratt found no evidence of prejudice and denied the case.

Benge appealed to the 7th Circuit in October and the appellate court dismissed the appeal because of the prisoner’s failure to pay the required docketing fee. He filed notice late last year of his intent to file a certiorari petition with the SCOTUS. The high court's denial puts an end to the case. The prisoner’s separate habeas petition action was dismissed against him at the end of February.

Issuing a 34-page order list today following its private conference late last week, the SCOTUS didn’t grant or deny certiorari on a case it was expected to address – Torrey Bauer v. Randall T. Shepard, No. 10-425, which asks whether Indiana’s judicial canons can restrict certain speech and activities of judges and judicial candidates. The court docket reflects the case was distributed for the justices to consider on Friday, although they’re not obligated to follow any timetable for a decision. U.S. Judge Theresa Springmann dismissed the case and upheld the canons, and the 7th Circuit last summer ruled the state canons aren’t unconstitutionally restrictive of free speech and should stand.

While the SCOTUS has no timetable on when it must rule on a case, justices could at any time issue a decision in the Indiana case of Marcus Sykes v. United States, No. 09-11311. It heard arguments on Jan. 12 on the case that involves a question of whether vehicular fleeing from police is considered a “violent felony” warranting enhanced sentences under federal law.

Dozens of pending cases and requests were included on the SCOTUS order list today, including one Kentucky suit asking the court to reconsider a 2005 ruling addressing whether Ten Commandment displays should be allowed on government property. The justices declined to accept the case of McCreary County, Kentucky v. ACLU of Kentucky, No. 10-566.

Aside from those issues, the court issued two opinions today in Bruesewitz v. Wyeth, No. 09-152, and CSX Transportation Inc. v. Alabama Department of Revenue, No. 09-520. In the Bruesewitz case, the court by a 6-2 vote held that a 1986 federal law prevents lawsuits by parents who claim that a drug maker should have sold a safer formulation of a vaccine that some say causes autism in children. The court in CSX Transportation voted 7-2 that the railroad company can challenge an Alabama tax of 4 percent on its purchase of diesel fuel.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.