U.S. District Court for the Southern District of Indiana

Forest Alliance sues to stop Crown Hill cemetery project

December 8, 2016
IBJ Staff
The controversy over the U.S. Department of Veterans Affairs’ plans to develop a military cemetery with a series of above-ground columbariums on 15 wooded acres north of Crown Hill Cemetery in Indianapolis has ended up in court.
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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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Mother’s suit alleging DCS caseworker abuses proceeds

December 1, 2016
Dave Stafford
An Indiana Department of Child Services case manager who allegedly pursued meritless child-abuse allegations against an Indianapolis mother must face a federal civil lawsuit, though her DCS supervisors will not, a judge has ruled.
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Judge denies summary judgment on claim of sex discrimination by state police

November 28, 2016
Olivia Covington
A federal judge has denied summary judgment in favor of Indiana State Police in a sex discrimination case, finding that a former officer’s evidence in the case creates a factual dispute about her claim that the department decline to hire her for a civilian position after her retirement because she is a woman.
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Magnus-Stinson becomes chief judge for Southern District

November 28, 2016
IL Staff
Judge Jane Magnus-Stinson has been named chief judge of the U.S. District Court for the Southern District of Indiana. She assumed the leadership position Nov. 23, when Judge Richard Young’s term as chief judge expired.
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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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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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Judge jails ex-Vigo County sheriff’s deputy, citing risk to public safety

November 15, 2016
IL Staff
A federal judge ordered a former Vigo County sheriff deputy’s pretrial detention because the officer posed a danger to public safety for threatening to kill potential witnesses, and because the evidence against him in a kickbacks case indicates “that he believes he can operate outside of the law.”
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Ex-deputy’s suit against Marion County deputy prosecutor proceeds

November 15, 2016
Dave Stafford
A former Marion County deputy sheriff’s malicious prosecution lawsuit will proceed against a deputy prosecutor he claims pressed for a misconduct investigation against him at the request of a show-business connection.
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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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District court fees to increase Dec. 1

November 11, 2016
IL Staff
Several fees included on the U.S. District Court’s Miscellaneous Fee Schedule will soon increase after the Judicial Conference approved fee changes at its September 2016 session.
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Auditor says Eskenazi Health fired her for identifying improper billing

November 11, 2016
John Russell, IBJ Staff
A compliance auditor at Eskenazi Health claims she was fired after alerting her supervisor that the hospital was improperly billing the federal government and Indiana for potentially hundreds of patients whose bills were already being paid by research grants.
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Judge initially dismisses ticket broker suit against Colts

November 10, 2016
Olivia Covington
A district court has dismissed a lawsuit against the Indianapolis Colts after deciding the team had the legal right not to renew an out-of-state ticket broker’s season tickets, but the court left the case open for further action by inviting the broker to file an amended claim on stronger legal ground.
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Ong still has path to Southern District seat

November 9, 2016
Marilyn Odendahl
With Republicans set to control the White House, U.S. Senate and House of Representatives, the fate of Indiana’s judicial nominees to the federal bench is even more uncertain, but one court-watcher believes Winfield Ong might be confirmed.
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Judge to hear bid to block Indiana abortion ultrasound law

November 9, 2016
 Associated Press, IL Staff
A federal judge is set to hear arguments in Planned Parenthood’s bid to block a new Indiana mandate that women undergo an ultrasound at least 18 hours before having an abortion.
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Plaintiffs in Carmel class-action traffic lawsuit file appeal

November 7, 2016
Lindsey Erdody, IBJ Staff
The plaintiffs in a federal class-action lawsuit filed against the city of Carmel for its enforcement of a local traffic ordinance are appealing the dismissal of the case in early October.
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Woman’s wage suit against Indiana medical supplier goes forward

November 3, 2016
Dave Stafford
A federal judge has rejected an Indiana-based medical supplier’s effort to dismiss a former employee’s lawsuit seeking enhanced damages over withheld pay.
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Greenfield police officer loses suit over discipline for profane texts

November 2, 2016
Dave Stafford
A Greenfield police officer has lost his federal lawsuit filed against the city after he was suspended for allegedly sending profane text messages that insulted and threatened his superior officers.
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State brief cites religion in defending fetal-remains statute

October 27, 2016
Dave Stafford
The state is continuing to defend Indiana’s fetal-remains statute that a federal judge blocked after a U.S. Supreme Court decision this year reinforced prohibitions against laws restricting a woman’s right to abortion. The state is relying in part on “astonishing” religious practices to make its case.
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Southern District seeking public comment on proposed rule amendments

October 21, 2016
IL Staff
The U.S. District Court for the Southern District of Indiana has opened a period of public comment on amendments to certain local rules.
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Child porn accuser drops lawsuit against ex-Subway pitchman

October 21, 2016
 Associated Press
The family of a girl who accused Jared Fogle in a child pornography case that led to the former Subway pitchman's imprisonment is dropping a lawsuit against him.
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Victims to collect money soon in Veros case

October 19, 2016
Jared Council
Efforts to clean up what the Securities and Exchange Commission alleged was an $8.6 million Ponzi scheme perpetrated by Indianapolis-based Veros Partners Inc. are entering their final stages, with all but one defendant having reached a settlement and the company’s receiver preparing to make his first distribution to affected investors.
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Pence mum on continuing anti-Syrian refugee fight gubernatorial candidates reject

October 19, 2016
Dave Stafford
Gov. Mike Pence’s fight to keep Syrian refugees out of Indiana may continue — as his term is expiring, he hasn’t said whether he will appeal federal court rulings that his position is discriminatory. Nevertheless, the candidates vying to succeed him as governor oppose the stance he’s unsuccessfully fought for.
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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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  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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