SHOWALTER v. THE TOWN OF THORNTOWN et al, No. 1:2008cv01283 - Document 59 (S.D. Ind. 2010)
Court Description: ORDER Granting re 42 MOTION for Summary Judgment filed by DON VAUGHN. No Partial Final Judgment shall issue at this time (S.O.) cm. Signed by Judge Sarah Evans Barker on 5/5/2010.(MAC)
Download PDF
<![CDATA[
SHOWALTER v. THE TOWN OF THORNTOWN et al Doc. 59 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA STUART SHOWALTER, Plaintiff, vs. JEFF WOODARD, et al., Defendants. ) ) ) ) ) ) ) ) No. 1:08-cv-01283-SEB-TAB Entry Discussing Motion for Summary Judgment as to Claim Against Don Vaughn Plaintiff alleges that Don Vaughn, Town Judge of the Town of Thorntown, complained to the Town of Thorntown that plaintiff had a sign in plaintiff’s yard that violated a town ordinance. Plaintiff further alleges that as Town Judge, Vaughn had a duty to abstain from initiating a complaint that would be heard in Town Court until such time as a special judge was appointed. Vaughn is sued in his individual capacity. In response to the motion for summary judgment, plaintiff does not cite to any authority for his proposition that Judge Vaughn, in his role as a private citizen, was prohibited from registering a complaint with the Town. There is no evidence that Judge Vaughn presided in any way over any complaint he caused to be filed. Indeed, plaintiff makes it clear that he does not bring his complaint against Judge Vaughn in his official capacity. Don Vaughn, as a citizen, has not forfeited his First Amendment right to petition the government for redress. See Dobbey v. Illinois Dept. of Corrections, 574 F.3d 443, 44647 (7th Cir. 2009); Tarpley v. Keistler, 188 F.3d 788, 795 (7th Cir. 1999). Accordingly, Don Vaughn is entitled to judgment as a matter of law. The motion for summary judgment brought by defendant Don Vaughn is granted. No partial final judgment shall issue at this time as to the claim resolved in this Entry. IT IS SO ORDERED. Date: 05/05/2010 _______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Dockets.Justia.com Distribution: Michael Lynn Parkinson PARKINSON LAW FIRM parkinson.ml@verizon.net Mary A. Russell HANNA, GERDE & RUSSELL russell@hgrlaw.com STUART SHOWALTER P.O. Box 374 Lebanon, IN 46052
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
