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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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