STATE OF INDIANA
IN THE TIPPECANOE CIRCUIT COURT
TIPPECANOE COUNTY
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1996 TERM |
Kevitt and Sarah BROWN,
Robert A. and Linda A. Watson,
and William K. and Susan I. Parkinson,
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| Plaintiffs, | ) |
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CAUSE NO: 79C019605MI11 TIPPECANOE COUNTY,
By and Through the TIPPECANOE
COUNTY LIBRARY BOARD.
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| Defendant | ) |
COMPLAINT
FOR DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF
Plaintiffs, for their cause of action against defendant, state:
- 1.
- This is an action for declaratory judgement pursuant to Rule 57 and Ind.
Code 34-4-10-1 for the purpose of determining a question of actual
controversy between and among the parties.
- 2.
- All plaintiffs are residents and tax payers of Tippecanoe County.
- 3.
- All plaintiffs have minor children who use or have adccess to the
Tippecanoe County Library.
- 4.
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Defendant library holds materials in the form of films and videos for
public use, which hold motion picture designation of PG, R, or other such
ratings.
- 5.
- Prior to March 14, 1994, defendant library announced as its policy that
it would not restrict said materials from minors.
- 6.
- On March 14, 1994, Plaintiffs Kevitt and Sara Brown unsuccessfully
apealed said policy via the TCPL Board of Trustees, exhausting all internal
remedies.
- 7.
- On April 24, 1995, Plaintiffs Kevitt and Sara Brown made a written
request to the Director of the Tippecanoe County Public Library, insisting
that the said defendant library not give any video materials that carried a
motion picture industry rating of "PG, R, NC17, or X," to any of their three
minor children, ages 10, 8 and 6.
- 8.
- On May 30, 1995, the said Director, on behalf of the defendant library,
refused Plaintiffs Kevitt and Sara Brown's request.
WHEREFORE, Plaintiffs request the Court to enter a declaratory
judgement which determines the rights and other legal relations of the
parties further
- 1)
- to declare as a matter of Indiana Common Law, that
Plaintiffs have the legal right and authority as the natural legal guardians
of their children to order defendant not to give materials to their minor
children that are generally deemed unsuitable for minors,
- 2)
- to declare as a
matter of constitutional law, that plaintiffs' rights are being violated
under the 14th and 9th amendments of the United States Constitution,
- 3)
- to enjoin said library from issuing materials deemed harmful to minors as
defined by IC 35-49-2-2, 4) and for all other relief proper in the premises.
(signed)
Michael L. Parkinson, #17760-79
Attorney for Plaintiffs
318 Brown Street
Lafayette, Indiana 47901
317-742-7109
Fax: 317-429-6601
VERIFICATION
I affirm, under penalties for perjury,
that the foregoing representations are true.
(signed)
Kevitt Brown, Plaintiff
(signed)
Sarah Brown, Plaintiff