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7th Circuit blasts lawyers in reinstating malicious prosecution suit

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A man wrongly prosecuted, convicted and imprisoned for the arson of Frankton High School more than 10 year ago was ultimately freed, but the 7th Circuit Court of Appeals Tuesday blistered attorneys in a subsequent malicious prosecution lawsuit who successfully argued in the U.S. District Court for dismissal of the man's federal complaint.

The panel reversed and remanded in Billy Julian v. Sam Hanna, et. al., 13-1203, reinstating his 42 U.S.C. § 1983 malicious prosecution suit.

In 2003, Billy Julian was convicted of arson and other crimes related to the 2001 fire at the Madison County school, and he was sentenced to 15 years in prison. During post-conviction relief, he was able to prove that a key witness who claimed he met Julian at the school before the fire actually had been on home detention and could not have been at the scene without triggering an ankle monitor, which hadn’t happened.

Julian was released in 2006, but the state sought to retry him, scheduling a retrial in 2007 while Julian was considering suing Madison County sheriff’s officer Sam Hanna and others. “The defendants threatened Julian in an effort to deter him from filing a suit for malicious prosecution,” Judge Richard Posner wrote for the panel.

The suit also names as a defendant current Frankton Police Chief David Huffman, who was a town officer at the time of Julian’s arrest. Hanna now serves as police chief in Elwood, also in Madison County.

“On the advice of lawyers whom he consulted he decided to defer filing such a suit until the judgment in his retrial ... but the trial date kept getting rescheduled.  ... In  July (2010) the state dismissed all the charges against Julian. He filed this suit in November 2011.”

The panel ruled that District Judge Tanya Walton Pratt of the Southern District of Indiana in Indianapolis wrongly dismissed Julian’s complaint with prejudice in a ruling that agreed with defendants who argued Julian’s suit was untimely. “But she was mistaken,” Posner wrote. “Under both state and federal law a malicious prosecution claim does not accrue until the criminal proceeding that gave rise to it ends in the claimant’s favor.”

Julian’s claim therefore was timely, the panel held in an opinion that also took to task arguments proffered by the defense. The defense argued Julian had remedies in state court for false arrest and false imprisonment, but the panel held these were inadequate remedies because the state held out the possibility of retrying him for years.

“After being released from prison in May 2006, Julian remained in limbo for more than four years. Limbo is not as bad as hell, but it’s sufficiently bad that it can’t be written off completely,” Posner wrote. “Yet that is what the defendants ask us to do: recognize no remedy for malicious prosecution by Indiana public officers, leaving the defendant remediless if he manages to avoid jail or prison for any of the time for which he’s maliciously prosecuted.”

“Defense counsel exceeded the bounds of responsible advocacy by arguing … that because the absolute immunity from suits against state officers for malicious prosecution was decreed by the Indiana legislature, it satisfies due process — ‘legislative due process’ — and therefore bars this suit,” Posner wrote. “Were that correct it would mean that the Indiana legislature, provided only that it complied with its procedures governing legislative enactment, could with impunity strip residents of Indiana of all their federal and state constitutional rights.

“In holding that Indiana’s failure to provide an adequate remedy for malicious prosecution by public officers opens the door to federal malicious prosecution suits against such officers, we don’t mean to belittle the state’s interest in limiting officers’ liability,” the panel held, noting several states have enacted caps in such cases.

“A qualified immunity would not protect the deliberately wrongful (indeed outrageous) conduct alleged in Julian’s complaint.”
 

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  • Better
    And here is yet more commentary, from respected lawyer Gary Welch, on the crisis of justice in this legal banana republic: "that's not the case in this county and this state where two forms of justice exist: one for the ruling elites where the law is always a moving target and another for the rest of us serfs where the law is always firmly written in stone" Read in context at: http://www.advanceindiana.com/
  • Responsible journalism?
    It seems that the comments section of this website is managed so that comments that the PTB do not want to see highlighted are buried. Sad.
  • 7th got this one right
    As a fourth generation Indiana lawyer, three of which before me were from Madison County, I think the 7th Circuit got this one right. Reprisal and revenge are a big deal in Madison County so I won't name names. You saw what Hanna and his boys were trying o do here. My advice: Stay they hell AWAY from there, keep your kids the hell AWAY from there, and if you ever have a brush with the law up there, hire local counsel, but research who it is first to make sure they're connected properly.
  • SOS
    The Seventh Circuit gets it that there are massive injustices in the Indiana system. Indiana's sense of justice often fails to rise above third world status. Check out Loubser v. Thacker, which was actually a case against the Hoosier court system of former Chief Justice Randall Shepard, http://caselaw.findlaw.com/us-7th-circuit/1353347.html In Loubser, as here, the Seventh seemed incredulous as to what goes on in the courts of Indiana. Judge Pratt should not be caught up in the shell games that render justice much injustice, but in this case she was. We need a bevy of new "sheriffs" in Indiana, and the Seventh seems to get that. "Outrageous" they said. Sounds like a billion dollars in damages, plaintiff. Make them pay for their injustice system.
  • Right on!
    Good to know the 7th Circuit slapped down corrupt government officials, mean attorneys, and unjust judges.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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