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U.S. District Court, Northern District of Indiana, South Bend Division, Case No. 3:08-CV-00470 JD — Memorandum Opinion and Order, Doc. 77, entered 30 August 2010, read whole; order of 5 October 2011 at snippet strength
The era's quarrel reached a federal courtroom, and the court's own opinion is the record. David Snyder and Dorothy Snyder v. Jack D. Tiller, individually and in his official capacity as Marshal of the Town of Roseland, and Town of Roseland was filed in 2008 under 42 U.S.C. § 1983. As the court's opinion recites the complaint: Marshal Tiller violated David Snyder's Fourth Amendment rights by arresting him without probable cause and using excessive force at the council meeting of 14 September 2007; the plaintiffs also asserted Eighth and Fourteenth Amendment claims and sought punitive damages; a later order's summary adds state constitutional and statutory claims and torts, and alleges injuries including PTSD and aggravation of multiple sclerosis. Every one of those is the plaintiffs' allegation, printed as such. The facts the opinion recites as undisputed are narrower and harder: the council that night was David Snyder, Ted Penn, and President Charlie Shields, presiding; Officers Tiller, Craig Toner, and Jeff Beatty were present, and Clerk-Treasurer Gridley sat at the table; Shields ruled Snyder out of order and directed Tiller to remove him; leaving, Snyder said, "Oh, the bully's back"; Tiller grabbed him by both shoulders; outside the doors, Tiller administered at least four closed-fist strikes to Snyder's face, head, right shoulder, and/or midsection; Snyder was arrested for battery on a law enforcement officer, resisting law enforcement, and disorderly conduct. Whether Snyder provoked or resisted — the defendants' account has him disturbing the meeting, elbowing Tiller, striking him in the face — the parties dispute, and the opinion leaves the dispute where it found it.
The one full ruling the record reached denied the marshal his immunity defense at that stage. By Memorandum Opinion and Order entered 30 August 2010 (DeGuilio, J.), the defendants' summary judgment was denied in part — on qualified immunity, the court held a reasonable jury could conclude Tiller lacked probable cause to arrest Snyder for each of the three offenses, and that a genuine question of material fact stood on qualified immunity for both the false-arrest and excessive-force claims — and moot in part as to all other issues. A second reached order, of 5 October 2011 (snippet strength), denied the plaintiffs' motion for review of the magistrate judge's order granting a Rule 35 examination, that order being neither clearly erroneous nor contrary to law. The docket carries one anomaly, reported as found and not resolved: a reassignment order of 6 January 2009, hosted in an unrelated docket, lists this case among those reassigned to Judge Sharp, yet Judge DeGuilio signed the 2010 and 2011 orders. The case's final disposition was not found — no dismissal, settlement, verdict, or Seventh Circuit action stands in any public carrier searched, though the case was live on 5 October 2011 and was the subject of the records requests in 11-FC-265 that autumn. The settler is the district court's own docket under the case number above, and the gap stands named (G-L90-1): until it is pulled, this build prints the case exactly here — a published opinion denying summary judgment on immunity, and no ending the public record reached.