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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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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    3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

    4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

    5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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