Case 1:16-cv-03315-WTL-MPB Document 1 Filed 12/08/16 Page 1 of 4 PageID #: 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JOSEPH TOMPKINS,

)
)
Plaintiff,
)
)
v.
)
)
TOWN OF KNIGHTSTOWN, INDIANA, )
)
Defendant.
)

No. 1:16-cv-3315

Complaint for Declaratory and Injunctive Relief

Introduction
1.

The town square in Knightstown, Indiana, is dominated by a large evergreen tree. During

the Christmas season it is decorated by the Town with lights and ornaments. At the top of the
tree is placed a large Latin cross, which is illuminated at night by lights that circle it. There are
no other holiday decorations on the square. The cross is the best known symbol of Christianity
and Knightstowns prominent display of this symbol represents an establishment of religion in
violation of the First Amendment to the United States Constitution. Appropriate injunctive and
declaratory relief must issue.
Jurisdiction, venue, and cause of action
2.

This Court has jurisdiction of this case pursuant to 28 U.S.C. 1331 and 1343.

3.

Venue is proper in this district pursuant to 28 U.S.C. 1391.

4.

Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and

28 U.S.C. 2201 and 2202.

5.

Plaintiffs claim is brought pursuant to 42 U.S.C. 1983 to redress the deprivation, under

color of state law, of rights secured by the Constitution of the United States.

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Parties
6.

Joseph Tompkins is an adult resident of Knightstown, Indiana.

7.

The Town of Knightstown is a municipal entity located in Henry County, Indiana.

Factual allegations
8.

Located in the center of Knightstown, on the north side of U.S. 40, is a one block median

area, on North Washington Street, referred to as Knightstowns town square.

9.

Knightstowns town square contains a large evergreen tree, a gazebo, benches, tables, and

a flagpole and seasonal plantings. (See Exhibit 1).

10.

The Knightstown police station and Town Hall are located less than one block south of

the town square, across U.S. 40 on South Washington Street.

11.

For a number of years the Town of Knightstown has placed decorations and lights on the

tree during the Christmas season.

12.

At night the lights are illuminated and the tree becomes a large Christmas tree.

13.

For a number of years the Town of Knightstown has placed a large Latin cross at the top

of the tree.
14.

It is also illuminated at night.

15.

Attached to this complaint as exhibits 2-6 are current photographs of the town square, the

tree and the cross.

16.

The Latin cross is the preeminent symbol of Christianity, representing the instrument of

the crucifixion of Jesus.

17.

The religious significance of the cross is not in any way diminished by any secular

objects around it. It is a religious display.

18.

Joseph Tompkins is a resident of the Town of Knightstown and is a taxpayer.

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19.

Mr. Tompkins reasonably perceives the Town of Knightstowns display of the Latin

cross as a Christian religious display.

20.

He strongly objects to this display as he believes that government should not be

establishing religion of any kind.

21.

He objects to any of his tax dollars going to pay for the erection or maintenance of the

display or the lighting of it.

22.

In the course of his every day affairs and travel in his hometown of Knightstown he is

forced to come into direct and unwelcome contact with the cross display.
23.

He is being caused irreparable harm for which there is no adequate remedy at law.

24.

At all times defendant has acted under color of state law.

Claim for relief

24,

The display of the Latin cross on the town square in Knightstown violates the

Establishment Clause of the First Amendment to the United States Constitution.

Requests for relief
WHEREFORE, plaintiff requests that this Court:
a.

Accept jurisdiction of this case and set it for hearing at the earliest opportunity.

b.
Declare that the actions of the defendant violate the First Amendment to the
United States Constitution as noted above.
c.
Enter a preliminary injunction, later to be made permanent, enjoining the Town of
Knightstown to remove the Latin cross currently on display on Town property.
d.
Award plaintiff his costs and reasonable attorneys fees pursuant to 42 U.S.C.
1988.
e.

Award all other proper relief.

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s/ Kenneth J. Falk
Kenneth J. Falk
s/ Jan P. Mensz
Jan P. Mensz
ACLU of Indiana
1031 E. Washington St.
Indianapolis, IN 46202
317-635-4059
fax: 317-635-4105
kfalk@aclu-in.org
jmensz@aclu-in.org
Attorneys for Plaintiff

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11NWashingtonStGoogleMaps
Case 1:16-cv-03315-WTL-MPB Document
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11 N Washington St

Image capture: Oct 2013

2016 Google

Knightstown, Indiana
Street View - Oct 2013

https://www.google.com/maps/@39.7958189,85.5248568,3a,75y,284.33h,95.59t/data=!3m6!1e1!3m4!1swzKp734sKRrrOQ3cCPF4Q!2e0!7i13312!8i6656

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United States District Court

for the
Southern District of Indiana
JOSEPH TOMPKINS,
Plaintiff,
vs.
TOWN OF KNIGHTSTOWN, INDIANA,
Defendant.

)
)
)
)
)
)
)
)
)

Cause No: 1:16-cv-3315

SUMMONS IN A CIVIL ACTION

TO:
Town of Knightstown, Indiana
Town Hall
26 S. Washington Street
Knightstown, IN 46148
A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting
the day you received it) or 60 days if you are the United States or a United States agency, or an officer or
employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an
answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are:
Kenneth J. Falk / Jan P. Mensz
ACLU of Indiana
1031 E. Washington St.
Indianapolis, IN 46202
If you fail to respond, judgment by default will be entered against you for the relief demanded in the
complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: ______________________

_______________________________________
Signature of Clerk or Deputy Clerk

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Civil Summons (Page 2)

Civil Action Number: 1:16-cv-3315

PROOF OF SERVICE
(this section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))
This summons for (name of individual and title, if any) ______________________________________
was received by me on (date)__________________.
I personally served the summons on the individual at (place) __________________________________
________________________________________________ on (date) __________________; or
I left the summons at the individuals residence or usual place of abode with (name)________________
_____________________________________, a person of suitable age and discretion who resides there,
on (date) __________________, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual) ________________________________________, who is
designated by law to accept service of process on behalf of (name of organization) _________________
________________________________________on (date) __________________; or
I returned the summons unexecuted because _____________________________________________; or
Other (specify):

My fees are $ _____________for travel and $_______________for services, for a total of $_______________.
I declare under penalty of perjury that this information is true.
Date: ____________________

__________________________________________________
Servers Signature
__________________________________________________
Printed name and title

__________________________________________________
Servers address
Additional information regarding attempted service, etc.

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IndianaSouthernCivilCoverSheet
Case 1:16-cv-03315-WTL-MPB Document
1-8 Filed 12/08/16 Page 1 of 2 PageID #: 13

JS44(Rev09/10)

UNITEDSTATESDISTRICTCOURT
SOUTHERNDISTRICTOFINDIANA
CIVILCOVERSHEET
ThisautomatedJS44conformsgenerallytothemanualJS44approvedbytheJudicialConferenceoftheUnitedStatesinSeptember
1974.ThedataisrequiredfortheuseoftheClerkofCourtforthepurposeofinitiatingthecivildocketsheet.Theinformation
containedhereinneitherreplacesnorsupplementsthefilingandserviceofpleadingsorotherpapersasrequiredbylaw.

Plaintiff(s):

Defendant(s):

FirstListedPlaintiff:
JosephTompkins
CountyofResidence:HenryCounty

FirstListedDefendant:
TownofKnightstown
CountyofResidence:HenryCounty

CountyWhereClaimForReliefArose:HenryCounty

Plaintiff'sAttorney(s):
Defendant'sAttorney(s):
KennethFalk(JosephTompkins)
ACLUofIndiana
1031EWashingtonSt
Indianapolis,Indiana46202
Phone:3176354059
Fax:3176354105
Email:kfalk@acluin.org

GreggMorelock(TownofKnightstown)
Brand&Morelock
6W.SouthStreet
Greenfield,Indiana46140
Phone:317/4627787
Fax:
Email:

JanMensz
ACLUofIndiana
1031EWashingtonSt
Indianapolis,Indiana46202
Phone:3176354059
Fax:3176354105
Email:jmensz@acluin.org

BasisofJurisdiction:3.FederalQuestion(U.S.notaparty)

CitizenshipofPrincipalParties(DiversityCasesOnly)
Plaintiff:N/A

Defendant:N/A

Origin:1.OriginalProceeding

NatureofSuit:440AllOtherCivilRights
CauseofAction:42USCs.1983.KnightstowncurrentlyhasadisplayfeaturingalitLatinCross.Thecase
allegesthatthisviolatestheFirstAmendment.
RequestedinComplaint

ClassAction:NotfiledasaClassAction
MonetaryDemand(inThousands):
JuryDemand:No

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IndianaSouthernCivilCoverSheet
Case 1:16-cv-03315-WTL-MPB Document
1-8 Filed 12/08/16 Page 2 of 2 PageID #: 14
RelatedCases:IsNOTarefilingofapreviouslydismissedaction

Signature:/s/KennethJ.Falk
Date:Dec.8,2016
Ifanyofthisinformationisincorrect,pleaseclosethiswindowandgobacktotheCivilCoverSheetInputformtomakethecorrectionandgeneratethe
updatedJS44.Oncecorrected,printthisform,signanddateit,andsubmititwithyournewcivilaction.

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