lawsuit

Former CIB chiefs try to avoid entanglement in legal fight involving Pacers

December 2, 2016
Anthony Schoettle, IBJ Staff
Three former presidents of the city’s Capital Improvement Board—Pat Early, Bob Grand and Ann Lathrop—are fighting an effort by attorneys for the IRS to depose them about what they learned about the Indiana Pacers' finances during discussions with the team.
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Death threats and abuse for woman leading Brexit court fight

December 2, 2016
 Associated Press
Gina Miller is paying the price for going to court. The financial entrepreneur says she has received death threats and racial and sexual abuse since she won a High Court ruling forcing the British government to seek Parliamentary approval before leaving the European Union.
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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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Katie Couric moves to dismiss $13 million defamation lawsuit over 'Under the Gun'

December 1, 2016
 Bloomberg News
In court papers lodged Tuesday, Katie Couric contends that a gun rights group has read too much into pregnant silence in Under the Gun. She's now moved for dismissal of a $13 million lawsuit with the argument that eight seconds from the two-hour-long documentary are incapable of defamatory meaning.
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Family values groups’ human rights lawsuit stays in court

November 30, 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 in court.
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Pence counsel seeks email secrecy

November 30, 2016
Dave Stafford
Attorneys argue to the Court of Appeals whether the state's Access to Public Records Act should exempt governor from disclosure.
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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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Man sues in local election, says winning candidate was dead

November 23, 2016
 Associated Press
A Democrat who ran for the Allen County Council is challenging the results because one of the three contested seats went to a candidate who died shortly before the election.
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House seeks delay in health law appeal pending new president

November 22, 2016
 Associated Press
The Republican-led House of Representatives is asking the federal appeals court in Washington to delay consideration of a case involving the Obama health care law because Donald Trump has pledged to repeal and replace it when he becomes president.
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Woman's family sues Indiana church, pastor after drowning

November 18, 2016
 Associated Press
The family of an 18-year-old woman who drowned in a swimming pool at her pastor's home where she had been babysitting is suing the pastor and his northwest Indiana megachurch.
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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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Trump's path on health care law intersects with a lawsuit

November 16, 2016
 Associated Press
President-elect Donald Trump says he wants to preserve health insurance coverage even as he pursues repeal of the Obama-era overhaul that provided it to millions of uninsured people.
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Judge to mull latest request to delay Trump University trial

November 16, 2016
 Associated Press
A federal judge on Tuesday scheduled a hearing to consider President-elect Donald Trump's request to delay a civil fraud trial involving his now-defunct Trump University until after his inauguration on Jan. 20.
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Basketball player sues NCAA, Northwestern over transfer

November 16, 2016
 Associated Press
A Northwestern University basketball player is suing the school and the NCAA in federal court, claiming the association's transfer regulations violate antitrust laws.
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Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality

November 16, 2016
Dave Stafford
A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.
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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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Lawsuit calls 2 Indiana tax statutes unconstitutional

November 14, 2016
Marilyn Odendahl
A Marion County resident, whose bank account of $155.44 was frozen by the Indiana Department of Revenue, is suing to prevent the state from taking assets for income tax debts without leaving the debtor something to pay for basic necessities like food and shelter.
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Dodge truck owners accuse Chrysler, Cummins of VW-like cheating

November 14, 2016
 Bloomberg News
Allegations of cheating pollution standards have reached U.S. automakers as Chrysler was sued by consumers who said engines in some Dodge trucks were rigged to hide that emissions were as much as 14 times higher than permitted by law.
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Lawyer: Cosby expects to be cleared and resume his career

November 11, 2016
 Associated Press
Bill Cosby expects to be cleared of a criminal sexual assault charge and restart his show business career.
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After Obama, Trump may face children suing over global warming

November 11, 2016
 Bloomberg News
A lawsuit brought by children against the Obama administration may force President-elect Donald Trump to decide how far he’ll go to downplay the threat of global warming.
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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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Fired manager files discrimination suit against Eskenazi Health

November 10, 2016
John Russell, IBJ Staff
A former manager at Eskenazi Health in Indianapolis claims she was fired after complaining that her boss was pressuring her to hire more minorities.
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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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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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Suit claims Jeffersonville landlord discriminated against kids

November 3, 2016
IL Staff
A federal lawsuit filed Wednesday claims a Jeffersonville landlord discriminated against families with young children and denied them the opportunity to rent apartments in violation of the Fair Housing Act.
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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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