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  • Kirk Freeman

    Grandmaster
    Rating - 100%
    11   0   0
    Mar 9, 2008
    48,269
    113
    Lafayette, Indiana
    Motion to Dismiss hearing held in 91D01 today at 9:30AM. Oral argument presented. Ruling under advisement.

    Summary of Argument:

    (Deputy) Attorney General: Judicial immunity is here, there and everywhere. A judge, because of his or her employment, is always immune as it radiates off them like a penumbra.

    Freeman: If judicial immunity is omnipresent, then why did the Supreme Court design a test for judicial immunity? Judicial immunity is overbroad here as applied. No judicial act here in secret report to Sheriff of Freeman committing crime. A surreptitious report to the Sheriff is not a judicial act in contradistinction to Judge Ron Melichar's signed, public order in Tippecanoe County (AG's most cited case) courthouse security. Here no one would tell plaintiff who did the act unlike a public order of a judge. Granting judicial immunity would allow any judge to use "security" as a stalking horse to attack any person in a courthouse.

    I was most shocked that the AG actually said out loud that there is no statute designating where and when guns may be carried. El Tejon came out on that misstep and I put 35-47-11.1-1 et seq. in with heat. Obviously the AG's office needs my CLE class.:D I should invite him.
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    11   0   0
    Mar 9, 2008
    48,269
    113
    Lafayette, Indiana
    Knock 'em dead....break a leg.....whatever it is that we say. Have fun!

    I had a great time. It feels great to fight back. I mean, I know I took it hard throughout 2017 and early 2018 as I stewed on the cowardice of law enforcement and then the police harassment, and I turned to unhealthy coping mechanisms. However, I have undergone a lifestyle change and since filing suit this summer my morale is high and climbing.

    I know that this is just a fight and not the final battle. The real fight will be the Court of Appeals. I understand and accept all that comes with that.

    Someone has to fight her. Someone must stand up to this behavior. If not me, no one else here will fight this nonsense.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    36,173
    149
    Valparaiso
    It seems to me that this person just "happens" to be a judge and made the report. The report was not a function of her judicial duties. I haven't looked at the case law, but if you are not doing something that only a judge can do, like conducting court, when you make the allegedly defamatory statement, how can immunity attach? Can she trip people walking down the stairs and be immune too? Can she falsely yell "FIRE" in the entry hall and be immune?
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    11   0   0
    Mar 9, 2008
    48,269
    113
    Lafayette, Indiana
    It seems to me that this person just "happens" to be a judge and made the report. The report was not a function of her judicial duties. I haven't looked at the case law, but if you are not doing something that only a judge can do, like conducting court, when you make the allegedly defamatory statement, how can immunity attach? Can she trip people walking down the stairs and be immune too? Can she falsely yell "FIRE" in the entry hall and be immune?

    That was my argument, and to be my argument at the Court of Appeals. No judicial act. Anyone could make such a report, with or without a black robe.

    For the record, there was no court case when the report was made. No controversy that she was deciding. It was a ploy from the 8th grade mean girl playbook.

    She made the report of the crime about me because:

    1) Read my two posts on Facebook about Pinner;
    2) Heard or read my APRA request about 111 North 4th Street.
    3) Heard me talking to other attorneys about APRA or Pinner or both.
    4) Made it up from whole cloth.
     
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