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7th Circuit blasts counsel, tosses race-based traffic-stop appeal

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An Elkhart man failed to show a traffic stop and drunken-driving arrest was unconstitutional in an appeal that a 7th Circuit Court of Appeals panel rejected with an opinion blasting his lawyer’s work.

The panel affirmed summary judgment on behalf of the city of Elkhart, city police officers and others involved in the arrest in Kenny A. Jones, Sr. v. City of Elkhart, Indiana, et al., 12-3912.

Judge Theresa Springmann of the District Court for the Northern District of Indiana in Hammond had ruled for the city on Jones’ claims that his arrest violated his rights under the Fourth and Fourteenth Amendments and that his race was a factor in the stop.

Jones was stopped in the early morning hours of Oct. 22, 2008, when Elkhart police said he was driving more than 50 mph in a 35-mph zone and that he crossed the center line. He appeared to be intoxicated, and a breath test revealed a blood alcohol content of .09 percent, just above the legal limit. He was arrested for operating a vehicle while intoxicated.
 
Jones argued Elkhart police stopped him without probable cause and alleged the city had an institutionalized practice of “stopping of citizens without probable cause based on race.”

But Judge John Tinder wrote for the 7th Circuit panel that Springmann rightly found for the city by granting summary judgment on her own motion, noting that the panel was perplexed by Jones’ appeal that seemed to have waived the race argument.

“Counsel for Jones stated his claims broadly and vaguely. He listed a series of irrelevant facts untethered to any legal claims, and asserted constitutional injury without specifying what provisions of the Constitution were violated and how,” Tinder wrote.

“Unfortunately, on appeal, counsel fashioned his brief in a similar manner. … The argument section of Jones’s brief recite legal standards for the elements of the case but offer us no analysis on how to apply them to the facts at hand,” he wrote.

Springmann’s grant of summary judgment on her own motion was not improper, the panel held, noting defendants didn’t brief Jones’ equal protection argument in essence because it wasn’t clear from the pleadings what exactly he alleged.

“It is not difficult to see why Defendants had difficult grappling with the legal claims at play in this case,” Tinder wrote. “The complaint is drafted in broad, generalized strokes. … (I)t is by no means a clearly presented argument to which Defendants failed to respond, either out of irresponsible lawyering or some tactical decision to conceal the equal protection claim.”

       
 

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  • Overlooked Info here, Jose
    Justicia reveals the plaintiff counsel: http://dockets.justia.com/docket/circuit-courts/ca7/12-3912/
  • Agreed
    Agreed.
    • Permissive parenting-like
      This paper, and even the Seventh Circuit, blames Mr Jones for the fault of his greedy counsel. The attorney is charged with the duty of knowing if a case passes Rule 11 plausibility, which this one seems to fail, not the client. Yet whose name is tied to this total waste of judicial resources? Only Mr Jones, the client. His greedy attorney, seeking a payoff under 42 usc 1983, an attorney who evidently knows little about how to plead or defend such a claim, is rightly called to account, but done so, in the Court opinion on in this article, without a name. Where is the accountability in that? How can the market forces work? This is like the permissive parenting of the Sixties and beyond, and look how badly that is serving us as a social order.

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    1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

    2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

    3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

    4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

    5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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