INDIANAPOLIS -An Indiana man maintains that an agency error cost him a job opportunity, over $1,000 in fines, and a night in jail — but state attorneys argued Thursday that the Bureau of Motor Vehicles isn’t responsible for any damages, instead directing him to an administrative review process.
“Even if there is an error, even if the bureau received accurate information from the courts and still did not accurately reflect that on the driving records, there’s still no private right of action to sue for damages,” said Frances Barrow, a deputy attorney general with the state. Barrow appeared on behalf of the BMV before the Indiana Supreme Court on Thursday and urged the justices to dismiss the case, as a trial court had already done.
But the Indiana Court of Appeals disagreed with the lower court’s findings, ruling that since Chris A. Kelly wasn’t challenging a driver’s license suspension but rather the state’s failure to maintain accurate records, he qualified for judicial relief.
“Moreover, we note that if the BMV fails to accurately maintain individuals’ records as required by statute, it is not a mere technicality. Such a failure has real-life consequences, especially for the many individuals such as Kelly who have livelihoods that are dependent upon being able to legally drive a vehicle,” the three-judge panel ruled.
Following the ruling, the BMV petitioned the Supreme Court to intervene, though justices seemed wary of state arguments and unsure whether the General Assembly law allowed for any remedy.
“Your client was harmed. He was arrested, (had) lots of fees (and) lost a job based on what you’re saying the BMV should have done,” Chief Justice Loretta Rush said to Kelly’s counsel. “… (but) how do we come up with, ‘BMV, you should keep your records in a way that doesn’t harm Indiana drivers?’
Read more of the Whitney Downard story for the Indiana Capital Chronicle and Local News Digital, here.
