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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. 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.

  2. 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.

  3. 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.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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