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Suit against traffic court sent back to state court

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A lawsuit against the Marion Superior traffic court over fees has been moved back to state court.

U.S. District Judge William T. Lawrence ordered to state court Toshiano Ishii, et al. v. Marion County Superior Court No. 13, et al., No. 1:09-CV-1509, a suit which claims Marion County Judge William E. Young violates residents' constitutional rights by imposing additional fees on those who unsuccessfully challenge their tickets and by closing proceedings to the public.

The plaintiffs filed the suit in Marion Superior Court No. 11 in December 2009. According to the suit, Toshiano Ishii appeared in traffic court to contest a ticket; he lost and was fined an additional $400. Matthew Stone was cited for improperly wearing a seatbelt. He wears it differently because of a pacemaker and chose not to challenge the ticket because of Judge Young's policy. Adam Lenkowsky asked to enter the courtroom as a member of the public and was denied entrance.

They claim when Judge Young took the bench in traffic court in 2009, he instituted a policy that defendants who come before his court and are found guilty would be fined up to an additional $500 and could even be assessed up to $10,000 plus court costs. The traffic courtroom is also open only to defendants and prevents parents of minors to be present during proceedings. The threat of these fines violates the federal and state constitutions, according to the suit.

The case was moved to U.S. District Court, Southern District of Indiana, Indianapolis Division in late December at the city's request.

But attorneys want the case back in state court, so they voluntarily dismissed their federal claims. In the order entered Thursday by Judge Lawrence, merely doing that does not divest the federal court of subject matter jurisdiction over the case. The District Court had jurisdiction pursuant to 28 U.S.C. Section 1367, which provides for the exercise of supplemental jurisdiction over claims based upon state law that are closely related to the federal claims in a case.

However, there is a presumption that a District Court judge will relinquish jurisdiction over any supplemental claim to the state courts once federal claims are removed. There are exceptions to that general rule, but none of those apply in the instant case, the judge continued.

Judge Lawrence ordered the case back to Marion Superior Court and also denied plaintiffs' request that defendants be sanctioned for suggesting that federal court still had jurisdiction over the case.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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