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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.