Wednesday, December 08, 2010
the county, which is representing both defendants, has removed the case to federal court, and has requested a month's delay in filing an answer. i wrote today to a couple of local lawyers seeking representation. based on how the last couple rounds went, i believe that getting a lawyer is an essential prerequisite to winning or settling the case.
Monday, December 06, 2010
Here is the text of my recently filed voter ID lawsuit.
IN THE SUPERIOR COURT FOR MARION COUNTY
Robbin Stewart,
Plaintiff
vs. Case number: ____________________
Marion County Board of Elections and
Linda Proffitt
COMPLAINT
Count I
1.This is an action concerning the denial of my right to vote at the 2008 general election. The
facts in Paragraphs 1-10 are re-alleged as to each count.
2.I am a registered voter in Marion County, in precinct 10-4.
3.I went to vote in person.
4.Linda Proffitt, 812 N Rural St,Indianapolis, IN 46201-2474, was in charge of the voting at the precinct. Her title might be inspector or judge.
5.I was asked to show a state ID.
6.I declined to do so, and stated that I had right to vote under the state constitution.
7.Proffitt refused to allow me to vote.
8.I asked her to give me something in writing, showing that I has been there and tried to vote, and was refused, but she would not do so. We spoke for about 5 minutes.
9.An observer from the Obama campaign provided me with an affidavit, which I filled out and returned to him. I believe it was forwarded to the Marion County Democratic Party offices.
10.Profitt's duty, under the statutes, was to either provide me with a regular ballot, or with a provisional ballot. She did not do so.
11.There are related cases. In Crawford v Marion County, consolidated with Rokita v Democratic Party, the US Supreme Court denied a facial challenge to the voter ID statute. I was an amicus in that case.
12. In League of Women Voters v Rokita, the Indiana Supreme Court, overruling the Court of Appeals, denied a facial challenge to the statute, while leaving room for future as-applied challenges. The Court denied my motion to consolidate LVW with Stewart v Marion County.
13.In Stewart v Marion County, I sued concerning the denial of my vote, for reason of voter ID, in the 2006 and 2007 elections,and the the 2008 primary. The case was removed to federal court. Judge McKinney denied a motion to amend or supplement the complaint to add the 2008 general election facts. Therefor there has no opportunity to fully litigate the facts of this new suit, and this suit is not barred by preclusion. Judge McKinney later dismissed the federal claims in the prior suit.
14.Refusing to let me cast a ballot violated my right to vote under the First and 14th Amendments.
Count II
15.The denial of my vote violated my right to procedural due process under the 14th Amendment, as I should have been given at least a provisional ballot.
Count III
16.The denial of my vote violated my right to due course of law under Article I section 12.
Count IV
17.The denial of my vote violated my right to free and equal elections under article II section 1.
Count V
18.Proffitt's denial of my vote was negligence. She had voluntarily assumed a duty of reasonable care, under which every voter's vote should have been cast and counted. Her refusal to let me vote at least a provisional ballot was a breach of this duty of care.
19.As her employer, Marion County is liable for her negligence.
Count VI
20.Marion County showed deliberate indifference to my clearly established constitutional right to vote, by failing to adequately train and supervise Profitt.
Relief sought:
As to each count, I seek damages as determined by a jury,
court costs and reasonable legal fees,
appointment of counsel,
a permanent injunction against Marion County and its precinct officials from denying me the opportunity to cast a ballot for reason of voter ID in future elections,
and such other relief as is in the interests of justice.
Robbin Stewart
Box 29164 Indianapolis IN 46229-0164
317.375.0931
gtbear@gmail.com
IN THE SUPERIOR COURT FOR MARION COUNTY
Robbin Stewart,
Plaintiff
vs. Case number: ____________________
Marion County Board of Elections and
Linda Proffitt
COMPLAINT
Count I
1.This is an action concerning the denial of my right to vote at the 2008 general election. The
facts in Paragraphs 1-10 are re-alleged as to each count.
2.I am a registered voter in Marion County, in precinct 10-4.
3.I went to vote in person.
4.Linda Proffitt, 812 N Rural St,Indianapolis, IN 46201-2474, was in charge of the voting at the precinct. Her title might be inspector or judge.
5.I was asked to show a state ID.
6.I declined to do so, and stated that I had right to vote under the state constitution.
7.Proffitt refused to allow me to vote.
8.I asked her to give me something in writing, showing that I has been there and tried to vote, and was refused, but she would not do so. We spoke for about 5 minutes.
9.An observer from the Obama campaign provided me with an affidavit, which I filled out and returned to him. I believe it was forwarded to the Marion County Democratic Party offices.
10.Profitt's duty, under the statutes, was to either provide me with a regular ballot, or with a provisional ballot. She did not do so.
11.There are related cases. In Crawford v Marion County, consolidated with Rokita v Democratic Party, the US Supreme Court denied a facial challenge to the voter ID statute. I was an amicus in that case.
12. In League of Women Voters v Rokita, the Indiana Supreme Court, overruling the Court of Appeals, denied a facial challenge to the statute, while leaving room for future as-applied challenges. The Court denied my motion to consolidate LVW with Stewart v Marion County.
13.In Stewart v Marion County, I sued concerning the denial of my vote, for reason of voter ID, in the 2006 and 2007 elections,and the the 2008 primary. The case was removed to federal court. Judge McKinney denied a motion to amend or supplement the complaint to add the 2008 general election facts. Therefor there has no opportunity to fully litigate the facts of this new suit, and this suit is not barred by preclusion. Judge McKinney later dismissed the federal claims in the prior suit.
14.Refusing to let me cast a ballot violated my right to vote under the First and 14th Amendments.
Count II
15.The denial of my vote violated my right to procedural due process under the 14th Amendment, as I should have been given at least a provisional ballot.
Count III
16.The denial of my vote violated my right to due course of law under Article I section 12.
Count IV
17.The denial of my vote violated my right to free and equal elections under article II section 1.
Count V
18.Proffitt's denial of my vote was negligence. She had voluntarily assumed a duty of reasonable care, under which every voter's vote should have been cast and counted. Her refusal to let me vote at least a provisional ballot was a breach of this duty of care.
19.As her employer, Marion County is liable for her negligence.
Count VI
20.Marion County showed deliberate indifference to my clearly established constitutional right to vote, by failing to adequately train and supervise Profitt.
Relief sought:
As to each count, I seek damages as determined by a jury,
court costs and reasonable legal fees,
appointment of counsel,
a permanent injunction against Marion County and its precinct officials from denying me the opportunity to cast a ballot for reason of voter ID in future elections,
and such other relief as is in the interests of justice.
Robbin Stewart
Box 29164 Indianapolis IN 46229-0164
317.375.0931
gtbear@gmail.com
