7th Circuit Court of Appeals

7th Circuit affirms denial of disability benefits

July 20, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the denial of a woman’s application for disability benefits after finding an administrative law judge properly determined the woman’s medical impairments did not prevent her from working certain jobs.
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7th Circuit denies rehearing, allows case to proceed to evidentiary hearing

July 20, 2017
Olivia Covington
A man convicted as a teenager in a 2008 Elkhart murder will still be given a federal evidentiary hearing on his claim of ineffective assistance of post-conviction counsel after a majority of 7th Circuit Court of Appeals judges denied the state’s petition for a panel or en banc rehearing.
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Court edits supervised release alcohol use restriction

July 18, 2017
Olivia Covington
Though the language of a district court order prohibiting a man’s “excessive” use of alcohol was “loose and indeterminate,” the 7th Circuit Court of Appeals affirmed the order Monday after adding modifying language to the order that eliminated the vagueness concerns.
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7th Circuit clears Bartholomew jail officers in inmate death

July 17, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the grant of summary judgment to Bartholomew County Sheriff’s Department officials who interacted with a man who later died in the county jail, finding the man’s estate failed to prove the officials were deliberately indifferent to the man’s medical concerns.
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Indiana appeals ruling blocking part of abortion law

July 17, 2017
 Associated Press
Indiana Attorney General Curtis Hill said Friday he will appeal a federal judge’s ruling that blocks parts of a new state law that would make it tougher for girls under age 18 to get an abortion without their parents’ knowledge.
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Nominees selected for U.S. attorney in Indiana

July 14, 2017
Marilyn Odendahl
In its latest round of nominations for U.S. attorney candidates announced today, the White House has tapped the current interim U.S. Attorney for the Southern Indiana District and a litigator based in Chicago for the Northern District of Indiana.
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No Hoosiers in recent round of judicial nominees

July 14, 2017
Marilyn Odendahl
Of the 11 nominees tapped Thursday by the White House to fill vacancies on federal district courts, none were for the open seats in Indiana.
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Fired lab worker loses discrimination appeal

July 13, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.
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7th Circuit sends contractual claims back to state court

July 13, 2017
Olivia Covington
A fixed based operator stationed at the Gary/Chicago International Airport must pursue its contractual claims against the airport authority in state court, as the FBO failed to present a constitutional claim that could be considered in federal court, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit vacates plea, reverses 15-year sentence for illegal possession of a firearm

July 13, 2017
Olivia Covington
An Indiana man’s 15-year sentence for possession of a firearm in violation of the Armed Career Criminal Act has been reversed after the 7th Circuit Court of Appeals determined one of the man’s prior convictions did not constitute a violent felony and, thus, did not qualify him for a sentence above the 10-year statutory maximum.
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Judgment for police affirmed despite ‘insufficient’ abuse response

July 11, 2017
Olivia Covington
Though an Indiana sheriff’s department’s response to a woman’s multiple domestic violence claims against her boyfriend, who was a sheriff’s deputy, may have been “insufficient,” the woman failed to provide sufficient evidence to prove her claims against the department should go to trial, the 7th Circuit Court of Appeal ruled.
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7th Circuit: Indiana burglary is predicate offense under Armed Career Criminal Act

July 6, 2017
Olivia Covington
An Indiana district court judge properly enhanced a man’s sentence following his convictions of being a felon in possession of a firearm and ammunition because the man’s two prior felony convictions of robbery in Indiana qualify as predicate offenses under the Armed Career Criminal Act, the 7th Circuit Court of Appeals ruled Thursday.
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Monarch loses federal challenge seeking to wholesale liquor

July 5, 2017
Jennifer Nelson
Indianapolis-based Monarch Beverage Co.’s attempt to obtain a wholesale liquor permit rests with the Indiana Supreme Court after its federal challenge to Indiana law was rejected by the 7th Circuit Court of Appeals Friday.
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Court affirms firearms conviction after warrantless search

June 29, 2017
Dave Stafford
Evidence that a felon possessed firearms was properly admitted in his criminal case even though authorities lacked a search warrant, the 7th Circuit Court of Appeals held Wednesday. Authorities relied on permission to search from the man’s live-in girlfriend who said he had sexually assaulted her daughter and placed her in fear for her safety.
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Arkansas birth certificate ruling could impact Indiana

June 29, 2017
Marilyn Odendahl
As lesbian married couples in Indiana wait on the 7th Circuit Court of Appeals to rule whether both mothers can be listed on their children’s birth certificates, the Supreme Court of the United States may have just decided the outcome of the case.
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7th Circuit: Nightingale must defend Medicare restitution claims

June 28, 2017
Dave Stafford
A Carmel-based home health care company stripped of its certification to receive Medicare funding in Indiana will return to the district court in Indianapolis to defend against government claims seeking nearly $5 million in restitution.
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Bank’s parallel litigation in Indiana, Brazil permissible

June 27, 2017
Dave Stafford
A bank seeking to recoup millions it loaned for a businessman’s purchase of an airplane was entitled to pursue parallel litigation in federal court in Indiana and in Brazil, the 7th Circuit Court of Appeals ruled Monday.
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Septic installer’s federal suit against Brown County reinstated

June 27, 2017
Dave Stafford
A Brown County man whose license to service and install septic systems was revoked without notice or a hearing may proceed with his federal lawsuit against the county.
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7th Circuit: Colts not required to renew season tickets

June 23, 2017
Olivia Covington
An Indianapolis Colts season tickets holder did not automatically have the right to transfer ownership of his tickets from one season to the next, the 7th Circuit Court of Appeals ruled Thursday in a diversity suit against the professional football team.
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Court vacates union representation, citing unclear deciding vote

June 21, 2017
Olivia Covington
The regional director of the National Labor Relations Board erroneously counted a ballot in favor of union representation of a northern Indiana company and impacted the outcome of an election to determine whether the union would represent the company, the 7th Circuit Court of Appeals held Tuesday.
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7th Circuit: District court properly granted extra time to move for appeal

June 21, 2017
A federal judge properly allowed the state to have an extended period of time to move for direct appeal, the 7th Circuit Court of Appeals determined Tuesday, finding a conditional writ of habeas corpus in the case provided unclear instructions on how the state was supposed to proceed.
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Putnam County officer to be resentenced again for excessive use of force

June 20, 2017
Olivia Covington
A Putnam County law enforcement officer who used excessive force against compliant arrestees must return to district court for a second resentencing after the 7th Circuit Court of Appeals determined the district court, once again, failed to adequately justify its imposition of a below-guidelines sentence.
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7th Circuit orders new hearing in Marion County wrongful-detention suit

June 16, 2017
Olivia Covington
The issue of the certification of two subclasses of inmates who allege they were wrongfully detained for unconstitutional periods of time is back before a district court after the 7th Circuit Court of Appeals ruled the court erred in initially denying class certification.
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7th Circuit: Plain-view doctrine controls appeal of motion to suppress

June 13, 2017
Olivia Covington
An Indiana district court did not err in denying a convicted felon’s motion to suppress after three guns were found in his home during a search for electronic devices because the guns were found under the plain-view doctrine, the 7th Circuit Court of Appeals ruled Tuesday.
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7th Circuit: Retired veteran can’t sue government for distress

June 8, 2017
Olivia Covington
A retired veteran who was wrongfully deprived of incapacitation payments during his time in the reserves cannot sue the U.S. government for distress caused by that deprivation because existing caselaw prohibits servicemembers from suing the government for injuries accrued while in the military, the 7th Circuit Court of Appeals ruled Thursday.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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