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7th Circuit: Deputy was within rights to restrain feuding neighbor from evidence

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When Tippecanoe Deputy Sheriff Jonathan Lendermon got between some long-feuding neighbors in 2009, one of them, Jason Findlay, suggested that he might have trespassed. It became clear to Lendermon the acknowledgement might have been recorded on video surveillance.

Lendermon attempted to obtain a memory card from the camera, but Findlay pulled it away and the memory card fell to the floor. Findlay claims that as he reached for the card, Lendermon tackled him, but Lendermon says he just grabbed Findlay’s arm to prevent him from picking it up. Findlay sued claiming excessive force, and District Judge Theresa Springmann of the Northern District of Indiana denied Lendermon’s motion to dismiss.

The 7th Circuit Court of Appeals reversed on Friday. “Because Findlay has not carried his burden of showing the violation of a clearly established right, Lendermon is entitled to qualified immunity,” Judge Joel Flaum wrote for the court in Jason Findlay v. Jonathan Lendermon, 12-3881.

Lendermon arrested Findlay for obstruction of justice, but the charges were dropped. But Lendermon was within his rights under qualified immunity, the court ruled.

“Because Findlay has not identified any sufficiently analogous case clearly establishing the constitutional right he accuses Lendermon of violating, and because Findlay offers no adequate explanation for how Lendermon used force ‘so plainly excessive’,” Flaum wrote, “… we reverse the district court’s denial of Lendermon’s motion for summary judgment.”

 
 


 

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  • Above the law!
    Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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