DOE v. THE INDIVIDUAL MEMBERS OF THE INDIANA STATE BOARD OF LAW EXAMINERS

Filing 236

Entry on Pending Motion - 235 Motion Regarding Indiana Supreme Court is denied. See entry for details. Signed by Judge Tanya Walton Pratt on 1/9/2018. (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
AMANDA PERDUE on her own behalf and on )
behalf of a class of those similarly situated, et al. )
)
Plaintiffs,
)
)
v.
)
)
THE INDIVIDUAL MEMBERS OF THE
)
INDIANA STATE BOARD OF LAW
)
EXAMINERS in their official capacities,
)
)
Defendant.
)

No. 1:09-cv-00842-TWP-MJD

Entry on Pending Motion
This lawsuit began in 2009 when Plaintiff Amanda Perdue sued the Indiana State Board of
Law Examiners contending that they were violating the Americans with Disabilities Act (“ADA”)
by requiring applicants to the Indiana bar to answer questions about their mental health history.
The ACLU of Indiana – Indiana University School of Law – Indianapolis Chapter later joined the
lawsuit as a plaintiff. Counsel of the ACLU of Indiana represented both Plaintiffs. This Court
granted Plaintiffs’ motion to certify a class. On October 6, 2011, this Court entered a Judgment
that enjoined the Indiana State Board of Law Examiners from using certain questions on the
Indiana bar examination.
The motion presently before the Court was filed by non-party Andrew Straw. He is an
attorney who has been disciplined by the Indiana Supreme Court and this Court. He seeks, among
other things, “the Indiana discipline to be obliterated.” (Filing No. 235 at 6.) This case is not the
proper vehicle for Mr. Straw to seek reinstatement of his law license. Indeed, Mr. Straw has
brought suit against the Indiana Supreme Court and challenged his attorney discipline in several
cases in this Court. There is no basis to litigate these issue here, not least because—even if Mr.

Straw is a member of the class certified by the Court, which he is not—only class counsel may
seek relief for the class because individual class members “lack standing to individually litigate
matters relating to the class action.” McNeil v. Guthrie, 945 F.2d 1163, 1166 (10th Cir. 1991).
For these reasons, Mr. Straw’s post-judgment motion is denied. (Filing No. 235.)
IT IS SO ORDERED.

Date: 1/9/2018

Distribution:
Darren Andrew Craig
FROST BROWN TODD LLC
[e-mail]
Kenneth J. Falk
ACLU OF INDIANA
[e-mail]
Anthony W. Overholt
FROST BROWN TODD LLC (Indianapolis)
[e-mail]
Andrew U.D. Sraw
1900 E. Golf Rd., Suite 950A
Schaumburg, IL 60173