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Suspended lawyer warned against ‘frivolous’ pleadings

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A federal judge has warned a suspended attorney to stop filing frivolous motions in an unsuccessful suit alleging police misconduct against the city of Gary and other defendants.

Former attorney Robert M. Holland III of Gary represents himself in litigation in the U.S. District Court, Northern District of Indiana naming Gary defendants as well as various Lake County officials. Originally filed in 2010, the court has since granted summary judgment to all defendants, and the judgments have been affirmed by the 7th Circuit Court of Appeals.

Holland asked for the judgment to be set aside under Federal Rule of Civil Procedure 60 and also filed a request for ruling or status conference. Magistrate Judge Paul R. Cherry’s April 24 order, warned Holland he was on thin ice continuing to plead a case with a “long and convoluted history” that’s been decided against him.

“Plaintiff … again asks that summary judgment be granted in his favor. But there is no newly discovered evidence or change in the law governing these issues, and Plaintiff has not identified any error of apprehension by the Court. Plaintiff’s motions are hence both denied. Indeed, both motions are frivolous and wholly without merit,” Cherry wrote.

“Plaintiff, who is a former attorney, should know better. This Court’s time is precious and should not be wasted. The Court thus warns Plaintiff that any further frivolous filings may result in the Court holding him in contempt of court.”

Holland was suspended in 2009 for collecting unreasonable fees, misuse of client trust funds and accusing an opposing attorney of bribing a judge, among other violatons.

The case in the Northern District of Indiana is Robert Holland v. City of Gary, 2:10-CV-454.
 
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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