Indianapolis

ITT Chapter 7 bankruptcy fallout

November 30, 2016
Marilyn Odendahl
The student records are only one aspect of this bankruptcy. There are employee records, pension benefits, 401(k) retirement funds plus lawsuits previously filed by federal agencies and some states’ attorneys general.
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ACLU sues Franklin Township schools over Christian prayer

November 23, 2016
Dave Stafford
A man represented by the American Civil Liberties Union of Indiana has filed a lawsuit challenging the Franklin Township School Board’s alleged policy of opening meetings with exclusively Christian prayers.
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Judge: Sysco must face Teamsters suit over retirement benefits

November 23, 2016
Dave Stafford
A local division of foodservice-supply giant Sysco Systems must face a lawsuit from its Teamsters workers who say the company reneged on retirement benefits negotiated through collective bargaining.
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Indy attorney elected to Judicial Nominating/Qualifications commissions

November 21, 2016
IL Staff
An Indianapolis attorney has been elected as the next district two representative of the Indiana Judicial Nominating Commission/Judicial Qualifications Commission.
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Jury acquits 2 Indianapolis officers of beating veteran

November 18, 2016
 Associated Press
A jury has acquitted two Indianapolis police officers of battery after they allegedly assaulted a veteran, leaving him unconscious outside a bar.
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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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Federal prosecutor declines to say whether attorney under investigation

November 16, 2016
IL and IBJ Staff
On the same day federal prosecutors reached a deferred prosecution agreement with Park Tudor School over its handling of an improper relationship between a coach and student, the U.S. Attorney’s Office in Indianapolis declined to say whether the school’s outside counsel is under investigation.
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3 conservative groups challenge RFRA ‘fix,’ human rights ordinances

November 16, 2016
Olivia Covington
After a nearly 4½-hour hearing during which they argued the constitutionality of their local human rights ordinances prohibiting discrimination on the basis of sexual orientation, four Indiana cities are waiting to learn if a Hamilton Superior Court judge will dismiss a suit challenging the ordinances.
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Park Tudor gets prosecution deferral after Cox case

November 15, 2016
Dave Stafford
Park Tudor School will not face further penalties arising from its handling of an investigation of former basketball coach Kyle Cox, who was convicted and sentenced to 14 years in prison for trying to entice a 15-year-old student to have sex with him.
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Indianapolis federal courthouse gets national award

November 15, 2016
IL Staff
The Birch Bayh Federal Building and U.S. Courthouse has received national recognition for a refurbishment project that ushered the infrastructure of the 100-year-old building into the 21st century while preserving the structure’s distinguished spirit.
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Splenda owner sues Dunkin' Donuts over knockoff sweetener

November 10, 2016
Susan Orr, IBJ Staff
The Carmel-based company that owns the Splenda sweetener brand says Dunkin’ Donuts is deceiving customers into thinking its donut shops offer Splenda when they actually offer a Chinese-made knockoff product.
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Woman gets 4 years for embezzling $5.5 million

November 10, 2016
 Associated Press
An Indianapolis woman has been sentenced to nearly four years in prison after pleading guilty to embezzling $5.5 million from her former employer.
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Krieg DeVault’s Daniels to lead USA Gymnastics sex abuse review

November 4, 2016
IL Staff
An Indianapolis attorney with a background in child abuse and sex offense litigation has been selected to conduct a review of USA Gymnastics’ policies and procedures for reporting and responding to allegations of sexual misconduct.
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Marian University facing suit over professor's alleged sexual misconduct

November 3, 2016
Hayleigh Colombo, IBJ Staff
Marian University is facing a lawsuit alleging the school acted with deliberate indifference while one of its professors sexually harassed a male student.
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Cities argue for dismissal of suit against human rights ordinances

November 3, 2016
Olivia Covington
During a nearly 4 ½-hour hearing in Hamilton Superior Court Wednesday, attorneys for the cities of Carmel, Indianapolis, Bloomington and Columbus argued before Judge Steven Nation that the lawsuit brought against their human rights ordinances should be dismissed because the case is not ripe for judgment and because the plaintiffs have no legal standing to bring the action.
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4 Indiana cities ask judge to dismiss LGBT protections suit

November 1, 2016
 Associated Press
Bloomington and three other Indiana cities have asked a Hamilton County judge to dismiss a lawsuit challenging local protections for lesbian, gay, bisexual and transgender people.
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Volunteer judges needed for Teen Court

October 31, 2016
IL Staff
For any lawyers interested in taking a turn on the bench, a nonprofit that provides services for troubled teens needs attorneys to serve as volunteer judges for its Teen Court programs in the Indianapolis area. The judges oversee the proceedings and counsel the first-time offenders.
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Mistrial declared in Indianapolis murder-for-hire case

October 27, 2016
 Associated Press
A mistrial has been declared in a double-homicide case of an Indianapolis man who was charged in a murder-for-hire scheme that authorities say led to the fatal shootings of four men in early 2014.
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COA finds victim credible, affirms rape, theft convictions

October 19, 2016
Olivia Covington
After entering a Marion County family’s home with a gun, raping the mother and robbing the family of valuable possessions, the man convicted in the case cannot have his multiple convictions overturned after the Indiana Court of Appeals decided Wednesday that the mother’s testimony was not incredibly dubious.
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Marion County courts prepare for transition to e-filing this month

October 19, 2016
Dave Stafford
Marion County courts will begin e-filing Oct. 28, and before the end of the year, electronic filing will be mandatory. But that hasn't stopped some people from asking those facilitating the change, “Are you actually going to do this?”
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Judge: Man incompetent to stand trial for killing officer

October 14, 2016
 Associated Press
A man accused of fatally shooting an Indianapolis police officer two years ago has been found incompetent to stand trial.
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Interactive investor files class-action suit against $1.4B sale

October 11, 2016
Jared Council
An Interactive Intelligence Inc. shareholder has sued the Indianapolis-based company and its board members over the firm's forthcoming $1.4 billion sale to another company, claiming that Interactive's value far exceeds the price and that the deal precluded competing offers.
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Indianapolis father of missing infant acquitted of murder

October 10, 2016
 Associated Press
A jury on Friday found an Indianapolis man not guilty of murder in the presumed death of his 6-week-old son.
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Student-housing developer buys law firm’s historic building

October 6, 2016
IL Staff
An Indianapolis lawyer with a recognizable building on downtown’s Massachusetts Avenue has sold it to a local developer of student housing.
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Former employee files sexual harassment suit against Emmis

October 4, 2016
Susan Orr, IBJ Staff
A former employee of Indianapolis-based Emmis Communications Corp. has filed a sexual harassment lawsuit against the media company, alleging it did not do enough to respond to her complaints that she was harassed and criticized by two producers at one of its sports-talk radio stations.
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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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