By MONROE ROARK
Staff Writer

Apparently displeased with the disposition of his case last year, a former defendant in Fayette County State Court has filed a federal lawsuit against virtually everyone involved in the prosecution of the case.

Joe T. Young alleged that he was “falsely arrested” and held for about 15 days in the Fayette County Jail in July 1998, according to documents filed in U.S. District Court July 20 of this year.

He has named State Court Judge Fletcher Sams, Probate Judge Martha Stephenson, Superior Court Clerk W.A. Ballard, probation officer Tamara Anderson and solicitor-general Steven Harris as defendants in the suit.

Charging violation of his Fourth, Fifth, Sixth and 14th Amendment rights, Young said that the defendants “as a rule enjoy absolute exemption or judicial immunity from civil liability for any act committed, even if the acts are taken in bad faith.”

Charged with three counts of defective equipment, Young was convicted of one count and sentenced to 12 months probation and a $1,000 fine. Young claims in his suit that he filed an appeal, but Ballard did not record it properly and Young was arrested July 4 of last year on a probation violation warrant.

Young said that he appeared before Stephenson July 8 and “informed her the appeal was in the record. But despite this and at the request of [Harris], she sentenced plaintiff to 20 days in the Fayette County Jail with no subject matter authority. Prosecutor Harris was served a copy of the notice of appeal, so he knew he had no authority. [Anderson] said there was no notice of appeal in the record, but it was there.”

Young, who lists on the suite only a post office box in Forest Park as his address and could not be reached for further comment, is asking for $200,000 in compensatory damages and $200,000 in punitive damages from each defendant.

According to records in the State Court office, one of the conditions of Young's probation was that he not operate his vehicle unless he had written certification from a licensed mechanic. He never got that, so he was in violation of his probation, Harris said.

Young, who Harris said admitted in court to the defective equipment charge (a broken tail light), waived his right to counsel and insisted on representing himself. He rejected a $100 fine and demanded a jury trial, which resulted in the guilty verdict and much stronger sentence, Harris said.

A ruling on the suit is not expected anytime soon.