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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 riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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