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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

    2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

    3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

    4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

    5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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