Case 1:18-cv-03482-RLY-DML Document 1 Filed 11/09/18 Page 1 of 8 PageID #: 1

IN THE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
NEIGHBOR TO NEIGHBOR, INC.,

)
)
Plaintiff,
)
)
v.
)
)
STATE OF INDIANA and the COMM’R )
OF THE INDIANA BUREAU OF MOTOR )
VEHICLES, in his official capacity,
)
)
Defendants.
)

No. 1:18-cv-3482

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Introductory Statement
1.

In order to obtain a new driver’s license in Indiana, an individual who meets all other
requirements must first take a written “knowledge examination” and then pass a “driving
skills exam.”

The knowledge examination consists of multiple choice questions

concerning Indiana traffic laws and safe driving techniques; these questions are derived
directly from the Indiana Driver’s Manual, a downloadable publication updated regularly
by the Indiana Bureau of Motor Vehicles. While the knowledge examination itself is
offered in fourteen different languages, the Indiana Driver’s Manual on which the
examination is based is offered exclusively in English.
2.

Neighbor to Neighbor, Inc. is a non-profit organization dedicated to providing assistance
to international refugees and other recent immigrants to the South Bend area. As is relevant
here, the organization expends considerable efforts attempting to fill the gaps left by the
failure of the Bureau of Motor Vehicles—by teaching persons with limited (if any) English

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proficiency, but who speak and understand languages in which the knowledge examination
is offered, the material covered by the Indiana Driver’s Manual so that they may obtain a
driver’s license. Even then, many of the persons assisted by the organization have been
required to take the “knowledge examination” eight or ten times before passing; others
have taken the test that many times and have still yet to pass. The reason for this is selfevident: learning material orally is no substitute for the ability to read, study, review, and
re-review the Driver’s Manual in a language that a refugee or other recent immigrant to
Indiana actually understands.
3.

The failure to offer the Driver’s Manual in any language other than English constitutes
national-origin discrimination in violation of Title VI of the Civil Rights Act of 1964, 42
U.S.C. § 2000d, et seq. The failure to offer the Driver’s Manual in any language other than
English while simultaneously permitting persons to take the knowledge examination based
on the information in that Driver’s Manual in any of fourteen different languages is also
irrational and violates the Due Process Clause of the Fourteenth Amendment to the United
States Constitution. Appropriate declaratory and injunctive relief is warranted.

Jurisdiction, Venue, and Cause of Action
4.

The Court has jurisdiction of this case pursuant to 28 U.S.C. § 1331.

5.

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

6.

Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and 28
U.S.C. §§ 2201 and 2202.

7.

This action 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, as well as pursuant
to Title VI of the Civil Rights Act of 1964.

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Parties
8.

Neighbor to Neighbor, Inc. (“Neighbor to Neighbor”) is a non-profit corporation with its
principal place of business in St. Joseph County, Indiana.

9.

The State of Indiana is one of the fifty states in the Union and, by accepting federal funding,
has waived its entitlement to sovereign immunity as it relates to the plaintiff’s claim under
Title VI of the Civil Rights Act of 1964, see 42 U.S.C. § 2000d-7(a).

10.

The Commissioner of the Indiana Bureau of Motor Vehicles (“BMV”) is the duly
appointed head of that agency, and is sued in his official capacity.

Factual Allegations
11.

In order to obtain a new Indiana driver’s license from the BMV, persons must, among other
things, pass a written “knowledge examination” administered at one of the BMV’s
branches.

12.

This examination ensures that, before obtaining a driver’s license, persons demonstrate a
basic understanding of Indiana traffic laws and safe driving techniques. The examination
includes multiple choice questions concerning traffic maneuvers and knowledge of types
of traffic signs.

13.

The examination is based on information contained in the Indiana Driver’s Manual
(“Driver’s Manual”), a lengthy publication that contains the latest information on Indiana
traffic laws and regulations and on safe driving techniques. The Driver’s Manual is
available for download, through the webpage of the BMV, at https://www.in.gov/bmv/
2557.htm (last visited Nov. 1, 2018).

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14.

The knowledge examination is offered by the BMV in thirteen different languages in
addition to English: Arabic, Burmese, Chin, French, German, Japanese, Korean, Simplified
Chinese, Polish, Punjabi, Russian, Spanish, and Vietnamese.

15.

By contrast, the Manual is published only in English.

16.

As a result, while many persons who are not fluent in English may take the knowledge
examination in their native tongue, they must somehow learn the information tested on that
examination in English.

17.

Neighbor to Neighbor (https://n2nsb.com) is a non-profit organization that is dedicated to
creating a mutual relationship among the immigrant and non-immigrant populations in and
around South Bend through meaningful friendships and community networking.

18.

Neighbor to Neighbor advances its mission in a variety of manners, such as by connecting
international refugees and other recent immigrants to the South Bend area to members of
the community, by advocating on behalf of international refugees and other recent
immigrants, and by assisting international refugees and other recent immigrants navigate
and become acclimated to life in the United States and in the South Bend area.

19.

In order to assist persons’ assimilation into a new culture, Neighbor to Neighbor provides
basic tutoring and other practical help that enables persons to, among other things, obtain
a library card, understand the American tax system, draft a resumé, seek and obtain
sustainable employment, or obtain a driver’s license.

20.

Obtaining a driver’s license is of particular importance to the international refugees and
other recent immigrants assisted by Neighbor to Neighbor because the ability to drive is
invaluable in their efforts to secure sustainable employment, to obtain and maintain

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housing and community relationships, and to accomplish numerous other tasks of
contemporary life such as visiting the library or going grocery shopping.
21.

Many of the international refugees and other recent immigrants assisted by Neighbor to
Neighbor understand very little English. Because of this, they are unable to read or
comprehend the Driver’s Manual published by the BMV, even though they are otherwise
eligible to apply for and obtain an Indiana driver’s license and even though they are able
to take the BMV’s “knowledge examination” in their native tongue because they speak and
read one of the other thirteen languages in which that examination is administered.

22.

These international refugees and other recent immigrants assisted by Neighbor to Neighbor
therefore find themselves in a precarious position: while they are permitted by the BMV to
take the written examination in their native tongue, they are unable to learn the information
necessary to pass the written examination because the Driver’s Manual is offered only in
English.

23.

Neighbor to Neighbor expends significant amounts of its institutional resources in order to
assist persons who understand limited English in obtaining their Indiana driver’s license.
Specifically, the organization’s executive director as well as other community
“neighbors”—that is, volunteers—spend hours upon hours with international refugees and
other recent immigrants in the South Bend area, attempting to teach persons the
information contained within the Driver’s Manual so that they may pass the written
examination and eventually obtain their driver’s licenses.

24.

Depending on a person’s native language and his or her ability to understand English,
information from the Driver’s Manual might be conveyed in the individual’s native tongue,
through a translator, or in English if a person is able to understand some spoken English

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even if he or she cannot understand written English. However the information is conveyed,
it is no substitute for the ability to read, study, review, and re-review the Driver’s Manual
in a language that a refugee or other recent immigrant to Indiana actually understands.
25.

Because the Driver’s Manual is published only in English, many persons assisted by
Neighbor to Neighbor have been required to take the BMV’s “knowledge examination” six
or eight times before they were able to pass it. Others have taken the examination that
many times and have, as of yet, still been unable to pass the test.

26.

Because the Driver’s Manual is published only in English, Neighbor to Neighbor has been
forced to expend limited resources to assist persons in learning the information necessary
to pass the BMV’s “knowledge examination.” These resources have necessarily been
diverted from other projects and other assistance that Neighbor to Neighbor might provide
to refugees and other recent immigrants to the South Bend area. The failure to offer the
Driver’s Manual in any language other than English subverts the purpose and mission of
Neighbor to Neighbor.

27.

Neighbor to Neighbor therefore has standing within the meaning of Havens Realty Corp.
v. Coleman, 455 U.S. 363 (1982).

28.

Insofar as language is simply a proxy for a person’s national origin, the failure to provide
the Driver’s Manual in any language other than English constitutes intentional
discrimination on the basis of a person’s national origin within the meaning of Title VI of
the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq.

29.

There is no legitimate reason, rational or otherwise, for the BMV to offer its “knowledge
examination” in fourteen different languages but to only offer the Driver’s Manual on
which that examination is based in English.

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30.

The defendants are recipients of federal financial assistance.

31.

As a result of the actions or inactions of the defendants, the plaintiff is suffering irreparable
harm for which there is no adequate remedy at law.

32.

At all times the defendants have acted or refused to act under color of state law.

Legal Claims
33.

The failure to offer the Indiana Driver’s Manual in any language other than English
constitutes national-origin discrimination in violation of Title VI of the Civil Rights Act of
1964, 42 U.S.C. § 2000d, et seq.

34.

The failure to offer the Indiana Driver’s Manual in any language other than English while
simultaneously offering the “knowledge examination” based on the information contained
within the Driver’s Manual in fourteen different languages is not rational and therefore
violates substantive due process.

Request for Relief
WHEREFORE, the plaintiff respectfully requests that this Court do the following:
1.

Accept jurisdiction of this cause and set it for hearing.

2.

Declare that the defendants have violated the rights of the plaintiff for the reasons described
above.

3.

Issue a preliminary injunction, later to be made permanent, requiring the defendants to
publish the Indiana Driver’s Manual in at least the fourteen languages in which the
“knowledge examination” is offered.

4.

Award the plaintiff its costs and attorneys’ fees pursuant to 42 U.S.C. § 1988 and any other
applicable statute.

5.

Award all other proper relief.

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_/s/ Gavin M. Rose______________
Gavin M. Rose
ACLU OF INDIANA
1031 E. Washington St.
Indianapolis, IN 46201
Ph:
317.635.4059, x106
Fax: 317.635.4105
<grose@aclu-in.org>
Attorney for the plaintiff

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