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Saturday, January 30, 2010
Ind. Courts - Continuing with "ACLU Lawsuit claims Indiana law examiners violate the ADA "
Updating this Dec. 10, 2009 ILB entry about the lawsuit that, to quote a NLJ story, the ACLU filed:
on July 7 on behalf of a woman licensed in Illinois who is seeking admission to the Indiana State Bar Association. Identified as "Jane Doe" in the action, the plaintiff seeks an injunction prohibiting the Indiana State Board of Law Examiners from asking certain questions about mental fitness. She also seeks a declaratory judgment that the questions on the application and the board's follow-up procedures violate the Americans with Disabilities Act (ADA).On Jan. 29, 2010, SD Indiana Judge William T. Lawrence issued this 10-page entry on the Plaintiffs’ Amended Motion for Class Certification, in the case now captioned Amanda Perdue, et al. v. The Individual Members of the Indiana State Board of Law Examiners. Judge Lawrence concludes:
For the foregoing reasons, the Plaintiffs’ Amended Motion for Class Certification (Docket No. 41) is GRANTED as to Plaintiff Perdue. Because the Court is unable to determine whether the ACLU has standing, the Court cannot find that the ACLU is an appropriate class representative. Accordingly, the Amended Motion for Class Certification is DENIED as to the ACLU. Within 21 days of the date of this Entry the ACLU shall file a brief in support of its standing. The Defendants shall have 14 days to respond, and no reply is necessary. If the Court finds that the ACLU has standing, and if the organization still wishes to be a class representative, then the ACLU may file an appropriate motion at that time.
Posted by Marcia Oddi on January 30, 2010 10:03 AM
Posted to Indiana Courts