causes of action/claims in beech grove case.

do not file. for discussion purposes only.

1. due course of law. section 12. no opportunity for hearing. include section 1 claim as basis for damages. at least nominal damages. 

nominals, $1, actuals $42,000. replacement value of town and country chrysler van and contents including legal files. 

2. due process 14th A. $42,000 plus legal fees, court costs. 

3. defamation. "You are obviously __ ____." $42,000. 

false, actual malice required, limited privilege overcome if malice. 

4. under the gershoffer/litchfield totality of the circumstances test, the seizure of the vehicle was a section 11 violation. nominal  damages, costs and fees. actual damages of $1000.  

these circumstances included: 

valid investigatory stop. invalid seizure without opportunity for hearing. invalid retention of legal files. spoliation warning. not informed of auction location. possible collusive auction, why crush a good running van? how much did it sell for?  

prepare a records request. 

waste, bailment, brian's right of agency and representation. 

 3.5: seizure was a 4th amendment violation. nominals, actuals of 2,000. costs and fees. estimated fees: 30,000. 

4. defamation by the town. close to  a year later, the town refuses to retract the officer's false malicious claim. here actual malice consisted in reckless disregard for the truth. what do you call it when the boss is liable, except under 1983? latin phrase.

request for stipulations of fact and law. 

4. taking, federal. 5th Amendment, 1983. 

5. taking, state. self-actuating clause, damages for constitutional violation

6 taking, is it section 16 or what?

7 excessive fine, 8th A via 14th Timbs.

8. Excessive fine/disproportional remedy state constitution. at least nominal damages. 

9 P or I clause. how? dunno. = protection also maybe?

10. conversion. 3x damages plus legal fees. 

11 monel claims. failure to train and supervise. sue chief and vice chief 

12 spoliation. as to the legal files in the van.

13. spoliation, as to the failure to retain and copy the requested records. $1 claim against city attorney.

14. waste. by crushing a perfectly good van, they committed waste. they had the van as a bailment. this was breach of fiduciary duty!

15. possible breach of contract. we requested the contract with hannah wrecker but it has not been produced. 

16 statutory claim for failure to retain records. involve public access counselor. 

17. civil and criminal violation of elder abuse reporting statute. ongoing violation in policy by the chief. 

hey lawyer - i want you take a look and see if the duty to report elder abuse is limited to elder abuse that took place in beech grove. i suggest that it is not so limited, and the chief is screwing up in a way that exposes the town to liability, as here. 

was it elder abuse for the officer to call me names and steal my car? i do not raise this claim in my suit, but the jury will get it as a lurking issue. was it elder abuse to leave me on the side of the road miles from my house, when they could see i had a cane?

16. more as they occur to me, this is enough to get me into court, and a complaint can be amended later to include more claims if needed or fun.

intro

juridiction

venue

parties

facts

claims

relief

stipulation of facts.

the actual facts are that stewart was the equitable owner of the van. the sticker on the plate indicated that he was the owner, but that sticker was for a different vehicle. that gave the officers reasonable suspicion for a stop, but does not authorize keeping the vehicle permanently. 

the officer could have issued a ticket for the plate violation. he thought he was doing stewart a favor by not issuing a ticket. but that lack of a paper trail led to a due process violation when there was no opportunity for a hearing, a day in court. 

the plate did not match the sticker, and indicated

stipulations of law.