Kevin L. Martin v. Hon. Nancy Vaidik, Charles Dugan, Makenzy Gilbert, and Greg Pachmayr (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: December 31, 2018
• Docket: 18A-CT-1980
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 31 2018, 9:56 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court

APPELLANT PRO SE ATTORNEYS FOR APPELLEE Kevin L. Martin Curtis T. Hill, Jr. Carlisle, Indiana Attorney General of Indiana Frances Barrow Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Kevin L. Martin, December 31, 2018 Appellant-Plaintiff, Court of Appeals Case No. 18A-CT-1980 v. Appeal from the Sullivan Circuit Court Hon. Nancy Vaidik, Charles The Honorable Robert E. Dugan, Makenzy Gilbert, and Hunley, II, Judge Greg Pachmayr, Trial Court Cause No. Appellees-Defendants 77C01-1804-CT-283

Baker, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CT-1980 | December 31, 2018 Page 1 of 5 [1] Kevin Martin filed a complaint against a judge of this Court, two employees of

the Department of Correction (DOC), and the court clerk. Martin now appeals,

arguing that the trial court erred by dismissing his complaint. Finding no error,

we affirm.

[2] Martin is currently serving sentences for murder, battery, and battery by bodily

waste. He filed a petition for post-conviction relief from his murder conviction

in St. Joseph County; on December 1, 2017, his petition was denied. On

December 16, 2017, Martin filed a notice of appeal regarding the denial of his

petition for post-conviction relief. On January 4, 2018, he unsuccessfully filed

his brief, which had incorrect pagination, lacked page headers, and included

documents not permitted. Martin filed three other defective briefs on February

7, March 5, and March 22, 2018.

[3] On March 29, 2018, this Court issued an order that gave Martin a final

extension to April 13, 2018, to file a brief and appendix free of defects. The

order advised Martin that failure to comply could result in summary dismissal

of his appeal. On April 4, 2018, Martin tendered a fifth brief with the same

defects. On May 1, 2018, this Court ordered the appeal dismissed with

prejudice because of Martin’s failure to file a defect-free brief and appendix.

The dismissal order was signed by Chief Judge Vaidik.

[4] On June 6, 2018, Martin filed a complaint in Sullivan County against Chief

Judge Vaidik, DOC employees Charles Dugan and Makenzy Gilbert, and Greg

Pachmayr, the clerk of the court (collectively, the Appellees). Martin alleged

Court of Appeals of Indiana | Memorandum Decision 18A-CT-1980 | December 31, 2018 Page 2 of 5 that he gave certain paperwork, which apparently was his brief and a motion for

a new trial, to Dugan, a facility case worker; that Gilbert, a clerical assistant,

could corroborate this allegation; that Pachmayr rejected the brief and motion;

and that Chief Judge Vaidik misused the power of the court and was biased

against him because he had filed a complaint against her. Martin sought release

from prison and punitive damages. On July 13, 2018, the Appellees filed a

motion to dismiss pursuant to Indiana Trial Rule 12(B)(1) and (6). On July 13,

2018, Martin filed an opposing motion. On August 3, 2018, the trial court

ordered Martin’s complaint dismissed. Martin now appeals.

[5] Martin argues that the trial court erred by dismissing his complaint pursuant to

Indiana Trial Rule 12(B)(1) and (6). Trial Rule 12(B)(1) allows for a dismissal

of a complaint if there is a lack of subject matter jurisdiction. We review de

novo a trial court’s ruling on a motion to dismiss under Trial Rule 12(B)(1)

where the facts before the trial court are undisputed. GKN Co. v. Magness, 744

N.E.2d 397, 401 (Ind. 2001). Trial Rule 12(B)(6) allows for a dismissal of a

complaint if there is a failure to state a claim upon which relief can be granted.

A motion to dismiss under Trial Rule 12(B)(6) “tests the legal sufficiency of a

complaint: that is, whether the allegations in the complaint establish any set of

circumstances under which a plaintiff would be entitled to relief.” Lockhart v.

State, 38 N.E.3d 215, 217 (Ind. Ct. App. 2015) (internal quotations omitted).

We apply a de novo standard of review to a trial court’s ruling on a Trial Rule

12(B)(6) motion to dismiss. Id.

Court of Appeals of Indiana | Memorandum Decision 18A-CT-1980 | December 31, 2018 Page 3 of 5 [6] As for Martin’s allegations against Dugan and Gilbert, the trial court found that

no facts were alleged against them on which relief could be granted and that

they are merely witnesses. We agree. Dugan allegedly mailed paperwork to

the Court, and Gilbert was a witness who could corroborate that Dugan mailed

that paperwork. Similarly, Martin alleged that Pachmayr rejected Martin’s

brief and motion for new trial. Indiana Trial Rule 8(A)(1) requires that a

complaint contain “a short and plain statement of the claim showing that the

pleader is entitled to relief[.]” Martin alleged no facts regarding Dugan,

Gilbert, or Pachmayr that could be called a “claim” by which he would be

entitled to relief. The trial court did not err by dismissing the complaint as it

related to Dugan and Gilbert.

[7] Regarding Martin’s allegations against Chief Judge Vaidik, the trial court found

that the judge is immune for the actions alleged in the complaint. “It is well-

settled that judges are entitled to absolute judicial immunity for all actions taken

in the judge’s judicial capacity, unless those actions are taken in the complete

absence of any jurisdiction.” Droscha v. Shepherd, 931 N.E.2d 882, 888-89 (Ind.

Ct. App. 2010). Judicial immunity serves “to preserve judicial independence in

the decision-making process.” Id. at 889. A judicial officer is immune even

when the action she took was in error or outside her authority. Newman v.

Deiter, 702 N.E.2d 1093, 1098 (Ind. Ct. App. 1998). It seems that Martin

alleges that Chief Judge Vaidik misused the power of the court and was biased

against him. We note that Martin offers no facts to substantiate his allegation.

Court of Appeals of Indiana | Memorandum Decision 18A-CT-1980 | December 31, 2018 Page 4 of 5 Regardless, Chief Judge Vaidik has judicial immunity. The trial court did not

err by dismissing the complaint as it related to Chief Judge Vaidik.

[8] The judgment of the trial court is affirmed.

May, J., and Tavitas, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CT-1980 | December 31, 2018 Page 5 of 5