Jamil Malik Bey, et al. v. Jarrah Burgin, et al.

CourtDistrict Court, N.D. Indiana
DecidedApril 16, 2026
Docket2:24-cv-00331
StatusUnknown

This text of Jamil Malik Bey, et al. v. Jarrah Burgin, et al. (Jamil Malik Bey, et al. v. Jarrah Burgin, et al.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jamil Malik Bey, et al. v. Jarrah Burgin, et al., (N.D. Ind. 2026).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

JAMIL MALIK BEY, et al., ) Plaintiffs, ) ) v. ) CAUSE NO.: 2:24-CV-331-GSL-JEM ) JARRAH BURGIN, et al., ) Defendants. )

FINDINGS, REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. § 636(b)(1)(B) & (C)

This matter is before the Court on State Defendants’ Motion to Dismiss Amended Complaint (DE 60) [DE 65], filed on January 13, 2026. I. Background On September 24, 2024, Plaintiff Bey, designating himself as “in propria persona, and in the capacity as Trustee on Behalf of the Immortal Jamil Malik Bey Reversioner Trust of Northern Amexem” filed his Complaint against Defendants for constitutional violations following a traffic stop and his arrest on May 7, 2023, as well as subsequent charges for felony identity deception, possession of a handgun by a person with a protective order against him, and possession of marijuana. Plaintiff Bey, again using the in propria persona designation, and Plaintiff Cornejo, later filed an amended complaint alleging various constitutional violations and challenging the constitutionality of certain Indiana statutes, which Defendants now move to dismiss. Plaintiffs filed their response on February 18, 2026, Defendants filed their reply on March 1, 2026, and Plaintiffs filed a sur-reply (with leave of Court) on March 31, 2026. On March 5, 2026, District Court Judge Gretchen S. Lund entered an Order [DE 82] referring the instant motion to the undersigned Magistrate Judge for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Northern District of Indiana Local Rule 72-1(b). This Report constitutes the undersigned Magistrate Judge’s combined proposed findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). For the following reasons, the Court recommends that the District Court grant the motion to dismiss.

II. Standard of Review A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) tests the sufficiency of the complaint and not the merits of the suit. See Gibson v. City of Chicago, 910 F.2d 1510, 1520 (7th Cir. 1990). In ruling on such a motion, the Court accepts as true all of the well- pleaded facts alleged by the plaintiff and all reasonable inferences that can be drawn therefrom. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007). To survive a 12(b)(6) motion to dismiss for failure to state a claim, the complaint must first comply with Rule 8(a) by providing “a short and plain statement of the claim showing that the pleader is entitled to relief,” Fed. R. Civ. P. 8(a)(2), such that the defendant is given “fair notice of

what the . . . claim is and the grounds upon which it rests.” Twombly, 550 U.S. at 555 (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Second, the “complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 570). The Supreme Court explained that the “plaintiff’s obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555 (quotation marks and brackets omitted). The Seventh Circuit Court of Appeals has explained that “[t]he complaint ‘must actually suggest that the plaintiff has a right to relief, by providing allegations that raise a right to relief above the speculative level.’” Indep. Trust Corp. v. Stewart Info. Servs. Corp., 665 F.3d 930, 935 (7th Cir. 2012) (quoting Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Serv., Inc., 536 F.3d 663, 668 (7th Cir. 2008)). In order “[t]o meet this plausibility standard, the complaint must supply enough fact to raise a reasonable expectation that discovery will reveal evidence supporting the plaintiff’s allegations.” Indep. Trust Corp., 665 F.3d at 934-935 (quoting Twombly, 550 U.S. at 556) (quotation marks omitted).

Additionally, “each allegation must be simple, concise, and direct.” Fed. R. Civ. P. 8(d)(1). III. Analysis Plaintiff Bey asserts eighteen claims against various Defendants and Plaintiff Cornejo joins in one claim for conversion, all arising out of a traffic stop and subsequent vehicle impoundment. Defendants include former Indiana Governor, Eric Holcomb; Former Commissioner of Indiana Bureau of Motor Vehicles, Joe Hoage; Indiana Attorney General, Todd Rokita; Prosecuting Attorney in the 31st Judicial Circuit of Indiana Bernard Carter and Deputy Prosecuting Attorney for Lake County, Indiana, Gary Marek; and Indiana State Police Troopers Jarah Burgin, Benjamin Beers, Justin Baumeister, and Alfredo Chagolla.

The underlying basis of all of Plaintiff Bey’s claims is that his arrest and subsequent prosecution were wrongful. The basis for Plaintiffs’ joint claim for conversion is that the Trooper Defendants should have allowed Plaintiff Cornejo to drive the rental van, which Plaintiff Bey was driving at the time of the stop, rather than have it impounded; certain perishable items were lost as a result of the impoundment. As alleged in his Amended Complaint, Plaintiff Bey, whose legal name is Josh Royce Brokemond, has been using the name Jamil Malik Bey for a number of years but has never had a legal name change. Am. Compl. ¶¶ 196, 204, 209, 238 [DE 60]. Plaintiff Bey identifies as an aboriginal and indigenous person “to the North and Central Americas” of Moorish inhabitants, no longer uses his social security number, and has not renewed his expired California driver’s license issued in the Brokemond name. Am. Compl. ¶¶ 24, 34, 104. The parties agree that on May 7, 2023, Trooper Burgin conducted a traffic stop on the van Plaintiff Bey was driving, which had expired tags and which Trooper Burgin had observed making improper lane changes. Am. Compl. ¶¶ 49, 129, 139, 216. Plaintiff Bey initially refused to give

Trooper Burgin his name, but eventually identified himself as Jamil Malik Bey, and gave Trooper Burgin a letter from Plaintiff Bey to then-Governor Holcomb identifying himself as Jamil Malik Bey. Am. Compl. ¶ 257. Trooper Burgin determined that Plaintiff Bey did not have a valid driver’s license and placed him under arrest at the scene. During the course of the traffic stop, the other Troopers arrived on scene. Plaintiff Bey called Plaintiff Cornejo to come to the scene, and she arrived with her children. The Troopers conducted a search of the van and located a loaded handgun and a small quantity of marijuana. During the course of the traffic stop, Trooper Burgin learned Plaintiff Bey’s legal name, that Plaintiff Bey’s California driver’s license was suspended, and that Plaintiff Bey had a California order of protection issued against him. The van Plaintiff

Bey was driving was impounded at the scene.

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Jamil Malik Bey, et al. v. Jarrah Burgin, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamil-malik-bey-et-al-v-jarrah-burgin-et-al-innd-2026.