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.”



  • Overlooked Info here, Jose
    Justicia reveals the plaintiff counsel:
  • 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 think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

    2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

    3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

    4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

    5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.