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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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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