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Wrongfully convicted man can pursue IIED claim

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A man wrongfully convicted of attempted murder can go forward with his intentional infliction of emotional distress claim against the City of Elkhart and several police officers, the 7th Circuit Court of Appeals ruled today.

After serving eight years of a 30-year sentence for attempted murder, the charge against Christopher Parish was dropped and he was freed from prison in 2006. Evidence came out that the shooting didn’t happen where originally stated and police coerced several witnesses into identifying Parish as the shooter. At his trial, Parish introduced evidence he was out-of-state at the time of the shooting.

Parish and family members sued Elkhart and three former city police officers. The only claim at issue in Christopher Parish, et al. v. City of Elkhart, et al., No. 09-2056, is Parish’s state claim of intentional infliction of emotional distress. The 7th Circuit affirmed the dismissal of his state false arrest and false imprisonment claims due to being time-barred based on Parish’s concession at oral argument.

The issue on appeal is whether the IIED claim is time-barred; the District Court ruled that it was, and dismissed the claim. The state claims must be brought within two years of the date on which the action accrued. He filed his suit within two years of his exoneration.

The Circuit Court used four cases to guide its decision to reverse the dismissal of Parish’s IIED claim: Heck v. Humphrey, 512 U.S. 477 (1994), Wallace v. Kato, 549 U.S. 384 (2007), Scruggs v. Allen County/City of Fort Wayne, 829 N.E.2d 1049 (Ind. Ct. App. 2005), and Johnson v. Blackwell, 885 N.E.2d 25 (Ind. Ct. App. 2008).

“If the claims would not directly implicate the validity of the conviction, the court should follow the standard discovery rule applied in Indiana: The claim accrues at the time the individual knew or should have known of the tort,” wrote Judge Joel Flaum. “If the claim would directly implicate the validity of the conviction, then Heck and Scruggs come into play and the claim does not accrue until the conviction has been disposed of in a manner favorable to the plaintiff.”

In Parish’s case, it’s clear that this claim wasn’t completed prior to the conviction based on the actions of the officers. They took steps through all stages of the investigation and trial that cumulatively amounted to the tort of IIED, the judge wrote. And, the conviction was an essential piece of the tort because it was the wrongful conviction that led to the emotional strain and mental anguish Parish faced.

Under Indiana’s adoption of Heck, Parish couldn’t have brought this claim until his conviction was disposed of in a manner favorable to him, and he did so within the statute of limitations, the court ruled.

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

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  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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