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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

APPELLANT PRO SE: JOHN LANE-EL Pendleton, Indiana

ATTORNEY FOR APPELLEES: ANNE E. BRANT Assistant Corporation Counsel Office of Corporation Counsel Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOHN LANE-EL, Appellant-Plaintiff, vs. MICHAEL SPEARS, in his official capacity as Chief of Police, and the INDIANAPOLIS POLICE DEPARTMENT, Appellees-Defendants. ) ) ) ) ) ) ) ) ) ) )

No. 49A02-0705-CV-396

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Robyn Moberly, Judge Cause No. 49D12-0610-PL-44021

December 14, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary John Lane-El ("Lane-El") appeals the trial court's dismissal without prejudice of his complaint for lack of proper summons. We reverse and remand. Issue Lane-El presents one issue for appeal, which we restate as whether the trial court properly dismissed his complaint for lack of personal jurisdiction. Fact and Procedural History Lane-El is an incarcerated prisoner. On January 9, 2006, and May 1, 2006, Lane-El requested public records by filing a Public Records Request 1 with the Indianapolis Police Department ("IPD"). 2 After Lane-El did not receive a response to the requests, he filed a complaint with the Office of the Public Access Counselor. Karen Davis ("Davis"), the Public Access Counselor, requested a formal response from the IPD by June 21, 2006. On July 5, 2006, Davis, after not receiving a response from IPD, issued a finding that the IPD "violated the Access to Public Records Act in failing to respond to [Lane-El's] request for records." Appellant's App. at 18. On July 27, 2006, Lane-El, acting pro se, filed suit against Chief Michael Spears in his official capacity as the Chief of IPD ("Chief Spears") and the IPD (collectively "the Police") to compel Lane-El's access to the records requested. On October 11, 2006, the trial court issued an order directing the clerk of the court to cause service of the summons upon

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Ind. Code

Download John Lane-El v. Michael Spears, in his offical capacity as Chief of Police, and

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