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Judges: State-law claims can proceed

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The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.

Eighteen-year-old Gregory Zick killed himself while in custody at the St. Joseph County jail. His mother, Cathy Minix, brought a 42 U.S.C. Section 1983 claim on behalf of Zick’s estate in federal court against Sheriff Frank Canarecci Jr., and other defendants, including medical providers Memorial Health Care and Madison Center Inc. She also asserted several state-law claims, including medical malpractice and claims under the Child Wrongful Death Statute.

At issue in Cathy Minix, et al. v. Sheriff Frank Canarecci, Jr., et al., No. 71A04-1009-CT-591, is the Section 1983 deliberate indifference claim against Canarecci in his official capacity. He made an offer of judgment to Minix for $75,000, which Minix accepted. The offer didn’t say whether it referred to that federal claim, a state claim, or both. Having resolved the other federal claims on summary judgment, the District Court dismissed all of the state-law claims without prejudice.

Minix then filed complaints in state court against the medical providers alleging medical malpractice and wrongful death under the CWDS and a wrongful death claim against Canarecci in his official capacity. The trial court entered summary judgment for the sheriff, finding principles of res judicata barred Minix’s claims. The judge denied summary judgment for the medical providers.

On interlocutory appeal, the Court of Appeals reversed regarding judgment in favor of the sheriff. Because the federal judge’s judgment plainly indicated that all the state-law claims would be dismissed without prejudice, Minix’s state-law CWDS claim against the sheriff in his official capacity isn’t barred by res judicata. The appellate judges came to this conclusion applying the ordinary preclusion principles to the consent judgment and the principles of contractual interpretation.

Also, a recovery by Minix under the state-law claims would not amount to double recovery because the federal claim was asserted by Minix on behalf of Zick’s estate. Her state-law claims are asserted as Zick’s mother, wrote Judge Paul Mathias.

The judges also rejected the medical providers’ argument that because of the result reached in federal court, Minix has already been fully compensated for the injuries alleged against them in state court, so she is barred from seeking additional recovery. Just as with the sheriff, Minix brought the CWDS claim against the medical providers personally, but the medical malpractice claim was brought by her in her capacity of personal representative of Zick’s estate.

The judges also noted that although the federal court rendered judgment against the sheriff for the same injuries asserted against the medical providers in the medical malpractice claim, that judgment didn’t include a determination of the entirety of recoverable damages suffered by Zick. They remanded for further proceedings.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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