District Courts

7th Circuit judge grants prisoner’s request for certificate of appealability

August 1, 2011
Jennifer Nelson
An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.
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Judge approves proposed settlement agreement

July 22, 2011
Jennifer Nelson
A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.
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7th Circuit finds remand to be unreviewable

July 21, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.
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Indiana man takes lawyer-admission case to 7th Circuit

July 20, 2011
Michael Hoskins
A Fort Wayne man who claims he’s being prevented from becoming an Indiana attorney because of his religious beliefs is asking the 7th Circuit Court of Appeals to decide whether a lower federal court properly dismissed his case.
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SCOTUS asked to hear stun-belt case

July 20, 2011
Michael Hoskins
When the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.
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Judge blocks Medicaid fee cut to pharmacies

July 11, 2011
Michael Hoskins
A federal judge in Indianapolis has temporarily blocked the state from cutting the fees it pays to pharmacists for dispensing Medicaid prescriptions.
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Video game maker wins IP suit

July 6, 2011
Michael Hoskins
U.S. District Judge Jane Magnus-Stinson shot down a lawsuit brought by heirs of bank robber John Dillinger that challenges how his name is used in video games based on the movie “The Godfather.”
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Pharmacy group sues over state's Medicaid fee cut

July 5, 2011
Michael Hoskins
A non-profit group for local pharmacies statewide is suing the state’s Medicaid office in federal court, attempting to block cuts to the fees given to local pharmacies participating in the Medicaid program.
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Permanent retroactivity applied to crack-cocaine sentence reductions

July 1, 2011
Michael Hoskins
Thousands of federal inmates nationally and more than 200 from Indiana could get time shaved off their prison terms for crack-cocaine convictions, after the U.S. Sentencing Commission voted to make reductions retroactive starting later this year.
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Attorney general appealing Planned Parenthood decision

June 29, 2011
IL Staff
Indiana Attorney General Greg Zoeller has filed a notice of appeal regarding the recent decision by U.S. Judge Tanya Walton Pratt to halt enforcement of a new law which withholds funding from abortion providers.
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Judges halt enforcement of challenged laws

June 27, 2011
Jennifer Nelson
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
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7th Circuit sends Corcoran case back to trial court

June 23, 2011
Jennifer Nelson
Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.
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Southern District magistrate up for reappointment

June 22, 2011
IL Staff
The U.S. District Court for the Southern District of Indiana is seeking comment as to whether Magistrate Judge William G. Hussmann Jr. should be recommended for reappointment. The current term of Magistrate Hussmann, who works in the Evansville Division, expires April 3, 2012.
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Judge: video games don't infringe on Dillinger trademark

June 17, 2011
Cory Schouten
A federal judge has shot down a lawsuit brought by heirs of notorious bank robber John Dillinger over the depiction of the Dillinger name in video games based on the classic movie "The Godfather."
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7th Circuit dismisses law suit over bar exam

June 13, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.
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Bankruptcy judge reappointed to 14-year term

June 10, 2011
IL Staff
The 7th Circuit Court of Appeals has reappointed Bankruptcy Judge Anthony J. Metz III in the U.S. District Court’s Southern District of Indiana to another 14-year term when his current term ends Nov. 14, 2011.
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7th Circuit affirms ruling against former jail nurses

June 9, 2011
Jennifer Nelson
In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.
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Closing Indiana's largest MDL line

June 8, 2011
Michael Hoskins
The final case in the Bridgestone/Firestone multi-district litigation has come to a close in the Southern District of Indiana, putting an end to a line of litigation that began more than a decade ago.
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State trooper sues after incident with city officer

June 6, 2011
Jennifer Nelson
The Indiana State Police detective involved in a physical confrontation with an Indianapolis Metropolitan Police deputy chief in August 2010 in the deputy chief’s office has filed a lawsuit claiming false arrest and assault and battery.
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Officials weigh-in on ACLU immigration lawsuit

May 26, 2011
Jenny Montgomery
The governor has no comment on a class-action lawsuit filed Wednesday regarding Senate Enrolled Act 590, said Jane Jankowski, spokeswoman for Gov. Mitch Daniels. The suit – filed by the American Civil Liberties Union of Indiana – aims to prevent two components of the immigration legislation from becoming law on July 1.
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Southern District lobby hours changing

May 26, 2011
IL Staff
The lobby hours for the clerk’s offices in the United States District Court and Bankruptcy Court in the Southern District of Indiana will be different beginning July 1. Both clerk’s lobby hours will be 8:30 a.m. to 4:30 p.m. These changes are applicable to all divisions in the Southern District.
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ACLU of Indiana files suit against immigration legislation

May 25, 2011
Jenny Montgomery
The American Civil Liberties Union of Indiana filed a federal lawsuit Wednesday in the U.S. District Court's Southern District of Indiana, challenging the wording of a new Indiana law designed to curb illegal immigration.
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Bankruptcy courts amend local rules, seek comment

May 25, 2011
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana has amended several local rules. In the Northern District, the Bankruptcy Court seeks comment on a proposed rule change.
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Federal magistrate ready for the bench

May 25, 2011
Michael Hoskins
The U.S. District Court for the Southern District of Indiana officially has its newest magistrate.
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New magistrate judge sworn in

May 24, 2011
IL Staff
Denise K. LaRue became the newest United States magistrate judge in the Southern District of Indiana Tuesday.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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