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. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  3. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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