this is not a public blog, just a place hwere i can leave myself notes. nothing to see here folks, move along.
Wednesday, May 28, 2003
Citing a book of his, Mr. Posner continued: "I said what are needed are critical studies, as opposed to biographies. The relation between personal character and professional reputation is often nonexistent. People operate on different tracks. Very successful people, when you look at them, they very often turn out to be psychological basket cases. They were successful in part because they were driven by some deep personal insecurity."
dtl wednesday:
one item: write text of talk to s ct.
did list for yesterday: found suit. cashed check. offered to pay back joell. wrote printed filed and mailed oral argument document.
significant event: trouble on eastern ave.
nick went thru the box, yay.
to do
to do
- write to marion county re joell palmer.
buncha other stuff?
deed re hamilton
lower priority:
write to sfca city council and texas legislature and mcconnell.
to break that down into steps, open folders for sfca, tx, ky, put in mission statement and plan of action, begin drafting letters.
seat belt ticket - motion to set aside default judgment, move for jury trial, or dismissal.
wow, was it the seat belt ticket or the coffee? suddenly i'm all riled up.
later: pay bills.
one item: write text of talk to s ct.
did list for yesterday: found suit. cashed check. offered to pay back joell. wrote printed filed and mailed oral argument document.
significant event: trouble on eastern ave.
nick went thru the box, yay.
to do
to do
- write to marion county re joell palmer.
buncha other stuff?
deed re hamilton
lower priority:
write to sfca city council and texas legislature and mcconnell.
to break that down into steps, open folders for sfca, tx, ky, put in mission statement and plan of action, begin drafting letters.
seat belt ticket - motion to set aside default judgment, move for jury trial, or dismissal.
wow, was it the seat belt ticket or the coffee? suddenly i'm all riled up.
later: pay bills.
Friday, May 23, 2003
Tuesday, May 20, 2003
motion to amend complaint
Come now plaintiffs by counsel and for their motion to amend complaint state as follows.
The complaint was filed 9/97 and a first amended complaint was filed 12/15/1997.
The state moved to dismiss. Dismissal was granted, but reversed.
A certified question ....
Currently this case is on hold at the Seventh Circuit awaiting response to a certified question, for which oral argument is scheduled 5/29/2003.
This motion does not require immediate action, but can be tabled until the case returns to the Seventh Circuit.
It is submitted at this time to provide advance notice to the parties.
The orginal and first amended complaints sought damages from county officiual in their personal capacities.
The district court dismissed on the basis that no constitutional violation had occurred.
The circuit court upheld the dismissal on the basis of qualified immunity and the unclear status of the law.
As a result, the county officials can be dismissed as to damage claims. The circuit did not rule as to whether or not the district was mistaken in holding no violation occurred, but see the discussion of standing and virginia booksellers.
Previously, since county officials were named in their personal and official capacities, there had been no need to name the county as a party. The county, however, lacks qualified immunity, and lacks eleventh amendment immunity. At this time plaintiffs move to add Vanderburgh County as a defendant.
Come now plaintiffs by counsel and for their motion to amend complaint state as follows.
The complaint was filed 9/97 and a first amended complaint was filed 12/15/1997.
The state moved to dismiss. Dismissal was granted, but reversed.
A certified question ....
Currently this case is on hold at the Seventh Circuit awaiting response to a certified question, for which oral argument is scheduled 5/29/2003.
This motion does not require immediate action, but can be tabled until the case returns to the Seventh Circuit.
It is submitted at this time to provide advance notice to the parties.
The orginal and first amended complaints sought damages from county officiual in their personal capacities.
The district court dismissed on the basis that no constitutional violation had occurred.
The circuit court upheld the dismissal on the basis of qualified immunity and the unclear status of the law.
As a result, the county officials can be dismissed as to damage claims. The circuit did not rule as to whether or not the district was mistaken in holding no violation occurred, but see the discussion of standing and virginia booksellers.
Previously, since county officials were named in their personal and official capacities, there had been no need to name the county as a party. The county, however, lacks qualified immunity, and lacks eleventh amendment immunity. At this time plaintiffs move to add Vanderburgh County as a defendant.
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