Southern District

Same-sex couples argue Indiana birth certificate law biased

April 8, 2016
 Associated Press
An attorney for eight married same-sex couples argued that the state of Indiana is discriminating against them by not allowing both women to be listed on their children’s birth certificates.
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State appealing ruling in Syrian refugee lawsuit

March 8, 2016
IL Staff
The state of Indiana officially filed notice Tuesday that it intends to appeal the ruling by a federal judge last month that blocked Gov. Mike Pence’s order barring state agencies from helping Syrian refugees resettle in Indiana.
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Southern District rule amendments effective Jan. 1

December 31, 2015
IL Staff
Changes to local rules of the U.S. District Court for the Southern District of Indiana take effect Friday and include changes to filing and maintaining documents under seal.
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Court to abusive litigant: Pay filing fees or you’re done

July 13, 2015
Dave Stafford
A Washington, D.C., man who has scribbled illegible, abusive lawsuits against presidents, Congress, celebrities and many others in federal courts around the country – sometimes seeking trillions of dollars – can’t do that anymore in the Southern District of Indiana without first paying filing fees, a judge has ruled.
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Minkler takes over as U.S. attorney in Southern District

June 26, 2015
IL Staff
Josh Minkler was sworn in as U.S. attorney for the Southern District of Indiana on Thursday by Southern District Chief Judge Richard L. Young.
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Carr’s formal swearing in as bankruptcy judge Tuesday

May 14, 2013
IL Staff
The United States District Court for the Southern District of Indiana will hold the investiture ceremony for U.S. Bankruptcy Judge James M. Carr Tuesday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
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Man may not have drug sentence reduced after pleading guilty

March 29, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
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Bankruptcy court attempts to clarify order distribution

October 12, 2012
IL Staff
Bankruptcy Clerk Kevin P. Dempsey of the Southern District of Indiana has issued a clarification on when orders should be distributed now that rules have shifted responsibility for distribution of most orders to the prevailing parties.
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Judge upholds sex offender ban from Facebook

June 25, 2012
Jennifer Nelson
Indiana’s law banning certain registered sex offenders from using social networking sites that allow minors is not unconstitutional, U.S. District Judge Tanya Walton Pratt ruled Friday.
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7th Circuit rules Lilly sales reps not entitled to overtime

May 9, 2012
Jennifer Nelson
Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.
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IU Maurer to host federal sentencing talk

January 27, 2012
IL Staff
Indiana University Maurer School of Law will host 7th Circuit Court of Appeals Judge David Hamilton for a discussion on federal sentencing on Jan. 31. IU Maurer professor Ryan Scott will join Hamilton in discussing the comparative severity of federal prison sentences.
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Judge dismisses challenge to NCAA bylaws

September 7, 2011
Jennifer Nelson
Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.
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Magistrate judge’s investiture ceremony Thursday

September 7, 2011
IL Staff
The formal swearing-in ceremony for Magistrate Judge Denise K. LaRue of the U.S. District Court, Southern District of Indiana, is at 2 p.m. Sept. 8 in Courtroom 202 of the Birch Bayh Federal Building and United States Courthouse in Indianapolis. The event is open to the public.
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Judge OKs settlement in voter-registration class action suit

August 26, 2011
Michael Hoskins
A federal judge in Indianapolis on Thursday approved a settlement in a class action lawsuit brought against Indiana relating to state offices not adequately providing public assistance for voter registration.
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Appeals court: Federal judge should decide on state law claims

August 15, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has sent a case back to an Indianapolis judge, saying she didn’t properly weigh whether the case should be prolonged on remand to Hamilton Superior Court instead of her deciding on the issues that have already been fleshed out in federal court during the past year and a half.
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7th Circuit judge grants prisoner’s request for certificate of appealability

August 1, 2011
Jennifer Nelson
An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.
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7th Circuit finds remand to be unreviewable

July 21, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.
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Judge blocks Medicaid fee cut to pharmacies

July 11, 2011
Michael Hoskins
A federal judge in Indianapolis has temporarily blocked the state from cutting the fees it pays to pharmacists for dispensing Medicaid prescriptions.
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Video game maker wins IP suit

July 6, 2011
Michael Hoskins
U.S. District Judge Jane Magnus-Stinson shot down a lawsuit brought by heirs of bank robber John Dillinger that challenges how his name is used in video games based on the movie “The Godfather.”
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Pharmacy group sues over state's Medicaid fee cut

July 5, 2011
Michael Hoskins
A non-profit group for local pharmacies statewide is suing the state’s Medicaid office in federal court, attempting to block cuts to the fees given to local pharmacies participating in the Medicaid program.
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Attorney general appealing Planned Parenthood decision

June 29, 2011
IL Staff
Indiana Attorney General Greg Zoeller has filed a notice of appeal regarding the recent decision by U.S. Judge Tanya Walton Pratt to halt enforcement of a new law which withholds funding from abortion providers.
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Judges halt enforcement of challenged laws

June 27, 2011
Jennifer Nelson
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
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Southern District magistrate up for reappointment

June 22, 2011
IL Staff
The U.S. District Court for the Southern District of Indiana is seeking comment as to whether Magistrate Judge William G. Hussmann Jr. should be recommended for reappointment. The current term of Magistrate Hussmann, who works in the Evansville Division, expires April 3, 2012.
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7th Circuit dismisses law suit over bar exam

June 13, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.
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State trooper sues after incident with city officer

June 6, 2011
Jennifer Nelson
The Indiana State Police detective involved in a physical confrontation with an Indianapolis Metropolitan Police deputy chief in August 2010 in the deputy chief’s office has filed a lawsuit claiming false arrest and assault and battery.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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