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Columbus, OH Civil Rights activist Jerry Doyle gathers Court fees to sue Judge & Sheriff for being put "in the hole" without any Due Process hearing.

By Christopher King

Columbus -- Embattled Civil Rights activist Jerry L. Doyle, who has won several cases against the Columbus Public School Board marches onward in his pursuit of Justice by going to the community to get beyond his in forma pauperis (IFP) Federal Complaint. Doyle allegedly lost his leg due to inadequate care for his diabetes while he was incarcerated for disturbing a public meeting at the Board. Here is the background.

Doyle has sued Judge Bruce Pollitt, Franklin County Sheriff Karnes, Commissioner Mary Jo Kilroy and others after he was inexplicably placed "in the hole" without notice, immediately after he called in to Bob Conners WTVN 1610 radio show to complain about conditions.

For more background in video, watch Jerry, another client of mine and me in this 1999 video as he tells Columbus School Board "You fear the people... and turn the microphones off...."

School board member Loretta Heard blasted then President, failed U.S. Congressional candidate and now County Commissioner Mary Jo Kilroy in the same video, telling her "What are you going to do, Mary Jo.... have everybody arrested?" and said further "You are creating a very bad taste in mouth of the black community."
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Anyway, without the filing fees the Court can conduct an independent inquiry on the merits of the complaint and dismiss it, which is what Magistrate Kemp recommended because of issues with Mr. Doyle's pleading. But case law from the Sixth Circuit holds that the Court should order a Plaintiff to file an Amended Complaint rather than dismiss the complaint. Tribell v. Mills, 25 F.3d 1050 C.A.6 (Tenn.),1994. This is key because in a very similar situation a Sixth Circuit Plaintiff may prevail for deliberate or inadequate care and treatment of a diabetic prisoner. See Phillips v. Roane County, Tenn., 534 F.3d 531 C.A.6 (Tenn.),2008.

I am 100% positive that Doyle can show his captors had knowledge of this phone call and that they were upset about it before putting him in the hole. Without any Due Process hearing. They told Doyle that they were operating on orders from Judge Pollitt, but Magistrate Kemp held at pp.9-10 of his Report and Recommendation that judges no longer have the authority or jurisdiction to unilaterally order someone to the hole, so this distinguishes Mr. Doyle's case from Stump v. Sparkman, 435 U.S. 349 (1978)(judge ordered mentally-disabled girl sterilzed in ex parte proceeding), so now Jerry gets his right to conduct discovery as to why his jailor believed he was acting on orders from Judge Pollitt.

Apparently in Columbus it's all fun and games until somebody loses a leg.

Full post as published by Chris King's 1st Amendment Page on October 03, 2008 (boomark / email).