Suit against traffic court sent back to state court

Back to TopCommentsE-mailPrintBookmark and Share

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.


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

  2. 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.

  3. (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.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...