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. MIROSLAV RADICESKI, Crossclaimant,
STATE OF INDIANA and THE LAKE COUNTY SUPERIOR COURT, CRIMINAL DIVISION, Crossclaim Defendants.
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE
matter is before the Court on the State Defendant's
Motion for Judgment on the Pleadings on Miroslav
Radiceski's Cross-Claim [DE 114], filed by Crossclaim
Defendants State of Indiana and Lake County Superior Court,
Criminal Division (collectively, “State
Defendants”) on May 1, 2018. Crossclaimant Miroslav
Radiceski filed a response on June 11, 2018, and the State
Defendants filed a reply on June 18, 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.
February 8, 2016, motions to dismiss were filed by Miroslav
Radiceski, by Jan Parsons, and collectively by Defendants
Salvador Vasquez, Clarence D. Murray, Diane Ross Boswell,
Thomas P. Stefaniak, Jr., and Samuel L. Cappas (collectively
the “Superior Court Judge Defendants”) with the
State of Indiana.
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 and a
Crossclaim against Defendant State of Indiana. (ECF 34).
Count I of the Crossclaim alleged that the State of Indiana
is liable to the Lake County Defendants for all or part of
the claims and damages asserted against them in
Plaintiff's negligence claim. Count II alleged 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, seeking both a declaratory judgment as
well as a judgment for damages.
September 27, 2016, then-presiding Judge James T. Moody
issued an Opinion and Order granting in part and denying in
part the three motions to dismiss, effectively dismissing
Defendant State of Indiana from the Complaint.
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).
July12, 2017, the Superior Court Judge Defendants filed a
Motion for Judgment on the Pleadings on Plaintiff's
Amended Complaint, which the Court granted on October 2,
2017, dismissing without prejudice Plaintiff's 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.
December 15, 2017, Plaintiff filed the Second Amended
Complaint against the Superior Court Judge Defendants
individually, Jan Parsons, and Miroslav Radiceski. The Second
Amended Complaint contains two counts-for constitutional
violations under 42 U.S.C. § 1983 and for willful and
wanton misconduct under Indiana state law. The Lake County
Defendants and the State of Indiana are not defendants in the
Second Amended Complaint.
January 17, 2018, Radiceski filed an Answer to the Second
Amended Complaint and a Crossclaim against the “State
of Indiana and/or Lake County Superior Court, Criminal
Division.” (ECF 90, p. 28). On February 1, 2018, the
State Defendants filed an Answer to Radiceski's
January 22, 2018, the State of Indiana filed a Motion for
Judgment on the Pleadings on the Lake County Defendants'
Crossclaim (ECF 93); although the Lake County Defendants were
no longer Defendants at that point, their Crosslcaim-filed on
February 8, 2016, in the Answer to Plaintiff's Amended
Complaint-was still pending. On April 13, 2018, the Court
granted the State of Indiana's Motion for Judgment on the
Pleadings on the Lake County Defendants' Crossclaim. (ECF
1, 2018, the State Defendants filed the instant Motion for
Judgment on the ...