United States District Court, N.D. Indiana, Hammond Division
LORENA E. BOSTIC, Plaintiff,
SALVADOR VASQUEZ; CLARENCE D. MURRAY; DIANE ROSS BOSWELL; THOMAS P. STEFANIAK, JR.; SAMUEL L. CAPPAS; JAN PARSONS; and MIROSLAV RADICESKI, Defendants. LAKE COUNTY, INDIANA; LAKE COUNTY BOARD OF COMMISSIONERS; ROOSEVELT ALLEN, JR.; GERALD J. SCHEUB; and MICHAEL C. REPAY, Crossclaimants,
STATE OF INDIANA, Crossclaim Defendant.
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE
matter is before the Court on the State of Indiana's
Motion for Judgment on the Pleadings on Lake County
Defendants' Cross-Claim [DE 93], filed by Crossclaim
Defendant State of Indiana on January 22, 2018.
Crossclaimants Lake County, Indiana, Lake County Board of
Commissioners, Roosevelt Allen, Jr., Gerald J. Scheub, and
Michael C. Repay (collectively, the “Lake County
Defendants”) filed a response on February 23, 2018, and
the State of Indiana filed a reply on March 9, 2018.
November 25, 2015, Plaintiff Lorena E. Bostic filed a
Complaint against the State of Indiana; Lake County, Indiana;
Lake County, Indiana, Board of Commissioners; Roosevelt
Allen; Gerald J. Scheub; Michael C. Repay; Salvador Vasquez;
Clarence D. Murray; Diane Ross Boswell; Thomas P. Stefaniak,
Jr.; Samuel L. Cappas; Jan Parsons; and Miroslav Radiceski.
On December 1, 2015, Plaintiff filed an Amended Complaint
against the same Defendants.
case relates to incidents that allegedly occurred while
Plaintiff was a probationer in Lake County, Indiana. On March
26, 2013, Defendant Miroslav Radiceski became Plaintiff's
Probation Officer. Plaintiff alleges that during the course
of his time as her Lake County Probation Officer, Radiceski
engaged in an inappropriate, harmful, and illegal course of
conduct. Specifically, Plaintiff alleges that Radiceski
subjected her to “repeated acts of non-consensual,
forcible, sexual and non-sexual behavior and deprivations of
her liberty, ” which culminated in an incident on
November 26, 2013. (ECF 81, ¶¶ 19, 22). Plaintiff
alleges that, in retaliation for her resisting his
misconduct, on November 26, 2013, Radiceski filed a malicious
and meritless Petition to Revoke her probation. At the times
relevant to Plaintiff's allegations, Jan Parsons was
Director and Chief Probation Officer of the felony Probation
Department of the Superior Court of Lake County, Criminal
February 8, 2016, Defendants Salvador Vasquez, Clarence D.
Murray, Diane Ross Boswell, Thomas P. Stefaniak, Jr., and
Samuel L. Cappas (collectively the “Superior Court
Judge Defendants”) along with the State of Indiana
filed a Motion to Dismiss. The same date, Defendant Miroslav
Radiceski filed a Motion to Dismiss and an Answer, and
Defendant Jan Parsons separately filed a Motion to Dismiss.
February 8, 2016, Defendants Lake County, Indiana; Lake
County, Indiana, Board of Commissioners; Roosevelt Allen;
Gerald J. Scheub; and Michael C. Repay (collectively the
“Lake County Defendants”) filed an Answer as well
as the Crossclaim at issue on the instant motion against
Defendant State of Indiana.
of the Crossclaim alleges that the State of Indiana is liable
to the Lake County Defendants for all or part of the claims
and damages asserted against the Lake County Defendants by
Plaintiff in her negligence claim in the Amended Complaint.
Count II of the Crossclaim alleges that the State of Indiana
has a duty to defend state employees in civil suits and,
thus, must pay the defense of Defendants Parsons and
Radiceski. The Lake County Defendants allege that they have
been and are incurring attorney fees, expenses, and other
costs related to the defense of Defendants Parsons and
Radiceski. In Count II, the Lake County Defendants seek both
a declaratory judgment as well as a judgment for damages.
February 16, 2016, the State of Indiana filed an Answer to
September 27, 2016, then-presiding Judge James T. Moody
issued an Opinion and Order granting in part and denying in
part the Motions to Dismiss, effectively dismissing Defendant
State of Indiana. On November 10, 2016, Jan Parsons filed an
Answer to the Amended Complaint. On July12, 2017, the
Superior Court Judge Defendants filed a Motion for Judgment
on the Pleadings, which was fully briefed on September 19,
August 31, 2017, the parties orally agreed on the record to
have this case assigned to a United States Magistrate Judge
to conduct all further proceedings and to order the entry of
a final judgment in this case. Therefore, the undersigned
Magistrate Judge has jurisdiction to decide this case
pursuant to 28 U.S.C. § 636(c).
October 2, 2017, the Court granted the Superior Court Judge
Defendants' Motion for Judgment on the Pleadings,
dismissing without prejudice the remaining claims against the
Superior Court Judge Defendants.
November 8, 2017, Plaintiff filed a Motion for Leave to File
Second Amended Complaint. On December 8, 2017, the Court
granted in part and denied in part the motion, ordering
Plaintiff to file the Second Amended Complaint with specific
modifications to reflect the remaining parties and claims
based on the prior rulings on dispositive motions.
December 15, 2017, Plaintiff filed the Second Amended
Complaint against the Superior Court Judge Defendants, Jan
Parsons, and Miroslav Radiceski only. The Second Amended
Complaint contains only two counts-for constitutional
violations under 42 U.S.C. § 1983 and for willful and
wanton misconduct under Indiana state law. Plaintiff dropped
the state law negligence claim. ...