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7th Circuit affirms dismissal of Indianapolis wrongful arrest suit

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A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.

Toni Ball claimed she was wrongly arrested by authorities investigating a drug gang known as the Detroit Boys. She was arrested on the strength of a probable cause affidavit. A detective identified her as a contact whose street name was “Mama Toni” and who was linked to a call center used to direct customers to houses in Indianapolis where they could pick up heroin or cocaine.

Ball was arrested and charged with two counts of narcotics possession, but the charges were dropped less than a month later.

Ball filed a federal civil rights complaint that alleged numerous Section 1981 and 1983 violations against the city, Indianapolis police officers, Indiana State Police and others. U.S. District Judge Sarah Evans Barker dismissed the bulk of the complaints except for Ball’s Fourth Amendment complaint that was removed to state court.

“The district court aptly noted that Ball’s original complaint had a ‘kitchen sink’ quality to it,” Judge Ilana Rovner wrote for the panel in affirming dismissal in Toni Ball v. City of Indianapolis, et al., 13-1901. “For their part, the defendants have responded to the complaint in kind, asserting a mind-numbing array of grounds on which Ball’s various claims purportedly fail.

“Because the allegations of the complaint did not support Ball’s claims for relief, apart from the Fourth Amendment false arrest and imprisonment claim that she later dropped, the district court properly dismissed and granted judgment on the pleadings as to those claims.”



 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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