Court Order

Justices deny transfer of CHINS ADA case with 3-2 vote

December 5, 2016
Olivia Covington
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
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Judge: Disabled housing discrimination suit may proceed

December 2, 2016
IL Staff
An Indianapolis subsidized senior-citizens housing facility must face a lawsuit from disabled tenants who claim the three-story apartment building failed to repair its only elevator for weeks, leaving them unable to get to apartments on the top two stories and leaving some disabled tenants stranded upstairs.
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Hartford City sex offender ordinance unconstitutionally vague

December 2, 2016
IL Staff
A 2008 Hartford City ordinance that restricted registered sex offenders from entering or loitering within 300 feet of broadly defined “child safety zones” is unconstitutionally vague, a federal judge has ruled.
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Southern District adopts amended rules

November 21, 2016
IL Staff
The United States District Court for the Southern District of Indiana announced Monday that it will adopt a set of amended local rules beginning Dec. 1.
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Lawsuit challenging cities' human rights ordinances stays in court

November 17, 2016
Olivia Covington
A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit.
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Temporary judge appointed in Noble Superior Court

November 16, 2016
IL Staff
Due to Noble Superior Judge Michael J. Kramer’s election to circuit court in the county, the Indiana Supreme Court has appointed a judge pro tem in superior court.
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3 judges appointed to replace late Noblesville city judge

November 1, 2016
IL Staff
The Indiana Supreme Court has appointed three judges to temporarily replace a Noblesville city judge who died last month.
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Indy jail wrongful-detention suit order appealed to 7th Circuit

October 17, 2016
Dave Stafford
A judge’s ruling denying class-action certification for a group of people held in the Marion County Jail, sometimes for days after posting bond, has been challenged at the 7th Circuit Court of Appeals.
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Federal judge dismisses class-action lawsuit against Carmel

October 7, 2016
Lindsey Erdody, IBJ Staff
A U.S. district court judge has dismissed a federal class-action lawsuit filed against the city of Carmel for its enforcement of a local traffic ordinance.
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Judge: East Chicago Housing Authority must stop warrantless home searches

October 6, 2016
Olivia Covington
The city of East Chicago and its housing authority have been ordered to stop what the ACLU of Indiana is calling “warrantless, nonconsensual entry” into residents’ homes after a district court ruled that doing so violated Fourth Amendment protections against unlawful search and seizure.
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Justices suspend City Court judge accused of battering police chief

September 30, 2016
Dave Stafford
Dunkirk City Court Judge Tommy Dale “Chip” Phillips II has been suspended with pay after he was charged with assaulting the city’s police chief, who is also Phillips’ nephew.
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Judge denies state bid to reduce $31 million award against DCS

September 30, 2016
Dave Stafford
A federal judge Friday rejected the state of Indiana’s motion to reduce a jury’s $31 million award last year against Department of Child Services workers and a state police officer for the wrongful removal of a couple’s children and prosecution of their parents.
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Lake Circuit Judge Paras resigning early

September 30, 2016
Dave Stafford
Lake Circuit Court Judge George Paras will leave the bench early after being unseated in May’s Democratic primary by Highland lawyer Marissa McDermott.
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Domestic relations, tax sale case designations to change

September 26, 2016
IL Staff
Domestic relations case-type designations will change in 2017, from “DR” for all case types to “DC” for cases in which children are involved and “DN” for those without children. The change was announced in an Indiana Supreme Court order issued Friday.
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Judge awards Conour victims $358K, denies suing creditor

September 22, 2016
Dave Stafford
A family financially victimized by convicted fraudster and former personal-injury and wrongful-death attorney William Conour has received an award of $358,069 in a suit filed by a former Conour creditor.
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Court denies application for temporary restraining order against BMV

September 16, 2016
Olivia Covington
The Marion Superior Court has denied an application for a temporary restraining order and preliminary injunction against the Indiana Bureau of Motor Vehicles that would have forced the BMV to set aside funds in the pool of money it is using to refund millions of customers to pay attorney fees for the plaintiffs in a class-action suit against the BMV.
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Court awards $10,000 to deaf litigant denied interpreter

September 14, 2016
Dave Stafford
A deaf Indianapolis man who was denied a sign language interpreter at his court-ordered mediation of a child-custody dispute will receive $10,380 in damages, a federal judge ruled.
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Supreme Court creates senior judge committee

August 19, 2016
IL Staff
The Indiana Supreme Court has established a senior judge committee tasked with finding new ways veteran jurists can assist state courts.
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Federal court: Disbarred lawyer can’t seek judgeship

August 10, 2016
Dave Stafford
A disbarred Goshen lawyer who wanted to run for judge of Elkhart Circuit Court got nowhere trying to convince a federal judge he was wrongly denied the opportunity.
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7th Circuit denies rehearing in Conour creditor suit

August 1, 2016
Dave Stafford
The long road for some victims to recover any of the settlement money former attorney William Conour stole from them may be closer to an end. The 7th Circuit Court of Appeals denied requests to reconsider the court’s decision putting Conour’s victims before a creditor who sued over a defaulted line of credit.
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Judge keeps sex offender’s voting suit alive

July 28, 2016
Dave Stafford
A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss.
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Southern District mandatory pro bono service to start in October

July 18, 2016
Marilyn Odendahl
Attorneys could be tapped to handle cases under the U.S. District Court for the Southern District of Indiana’s new mandatory pro bono rule before the end of this year.
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Indiana high court rejects rehearing in lawmaker emails case

July 13, 2016
 Associated Press, IL Staff
The Indiana Supreme Court has declined to rehear a case that sought to force lawmakers to release their email correspondence with lobbying groups and businesses.
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Justices remove Dreyer from State v. IBM case

July 5, 2016
Dave Stafford
The Indiana Supreme Court on Tuesday removed the judge who has presided for six years over the litigation between the state and IBM over the failed $1.3 billion welfare-modernization contract.
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Judge grants e-liquid maker temporary restraining order in vaping case

July 1, 2016
Hayleigh Colombo, IBJ Staff
One scorned e-liquid manufacturer will get a short reprieve from Indiana’s new vaping laws, which effectively shut many players out of the market when the laws took effect Friday.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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