7th Circuit Court of Appeals

7th Circuit affirms dismissal of claims against Indiana, Marion County officials

December 9, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.
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7th Circuit rules student-athletes aren’t considered ‘employees’

December 6, 2016
Olivia Covington
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
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7th Circuit affirms murder, racketeering convictions despite government error

December 5, 2016
Olivia Covington
Despite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.
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Full 7th Circuit hears LGBT-workplace bias appeal

November 30, 2016
 Associated Press
The 7th Circuit Court of Appeals has heard arguments en banc on whether the 1964 Civil Rights Act covers workplace discrimination against LGBT workers.
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7th Circuit to rehear Ivy Tech discrimination case Wednesday

November 29, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals will again consider whether the protections offered by Title VII of the 1964 Civil Rights Act extend to sexual orientation.
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7th Circuit dismisses appeal based on waiver

November 28, 2016
Olivia Covington
The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”
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Appeals court blocks 'Making a Murderer' inmate's release

November 17, 2016
 Associated Press
A Wisconsin prison inmate whose case was featured in the Netflix series "Making a Murderer" will stay behind bars while state attorneys appeal a decision overturning his conviction, a panel of federal appellate judges ruled Thursday.
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Wisconsin to appeal to feds over 'Making a Murderer' inmate

November 16, 2016
A federal judge told Wisconsin prison officials on Wednesday that they must release an inmate featured in the Netflix series "Making a Murderer" by Friday evening.
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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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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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7th Circuit vacates brandishing sentence for lack of jury finding

November 1, 2016
Olivia Covington
A man convicted of attempted robbery in Indiana federal court will be resentenced after the 7th Circuit Court of Appeals found Tuesday that the jury failed to find that the defendant had actually aided and abetted the brandishing of firearms during the robbery.
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State appealing $31M judgment against DCS workers

November 1, 2016
IL Staff
The state of Indiana is asking the 7th Circuit Court of Appeals to review the $31 million jury verdict awarded to a Pulaski County family after they sued Department of Child Services workers and others for the wrongful removal of their children and prosecution of the parents.
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7th Circuit affirms jury verdict in injured railroad worker's suit

October 27, 2016
Olivia Covington
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
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7th Circuit upholds drug offender’s conviction, vacates life sentence

October 25, 2016
Olivia Covington
A man convicted of multiple drug offenses and sentenced to a life term in prison will soon receive a new sentence after the 7th Circuit Court of Appeals vacated it on Tuesday.
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State appeals judgment for deaf litigant denied interpreter

October 25, 2016
IL Staff
The state of Indiana is appealing a federal court ruling that a deaf Indianapolis man was discriminated against when he was denied an interpreter for a court-ordered mediation session in his child custody case.
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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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Dozens of judge nominees wait on Senate as time dwindles

October 17, 2016
 Associated Press, IL Staff
Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse.
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Full 7th Circuit to hear Ivy Tech sexual orientation discrimination case

October 11, 2016
IL Staff
The 7th Circuit Court of Appeals on Tuesday granted an ex-Ivy Tech employee’s request for the full court to hear her sexual orientation discrimination case against the school.
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Law professor calls for Selby to be confirmed to 7th Circuit

October 7, 2016
Marilyn Odendahl
With the U.S. Senate adjourned until after the presidential election and the chances for judicial confirmations dwindling, an article just published by a Virginia law professor calls for former Indiana Supreme Court Justice Myra Selby to be appointed to the 7th Circuit Court of Appeals.
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7th Circuit rejects former Bloomington employee’s request to defer restitution

October 7, 2016
Olivia Covington
The 7th Circuit Court of Appeals has rejected a former Bloomington city employee’s argument that his restitution debt should be deferred to his release from prison because he is limited to paying only 10 percent of his income toward that debt each month.
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Exodus: Syrian refugees ‘not who Pence and others claim’

October 4, 2016
Dave Stafford
Fresh off a defeat of Gov. Mike Pence’s effort to bar Syrian war victims from settling in Indiana, the leader of a refugee resettlement program said the agency’s work assisting them will continue.
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7th Circuit: Schizophrenia meets ‘severe impairment’ requirement for disability insurance

October 4, 2016
Olivia Covington
The 7th Circuit Court of Appeals has ruled that an undisputed diagnosis of schizophrenia should be considered a “severe impairment,” an opinion that will allow an Indiana man to have another chance to receive disability insurance benefits after he was forced to quit his job because of his mental illness.
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7th Circuit affirms order against Pence in Syrian refugee case

October 3, 2016
Dave Stafford
Calling Gov. Mike Pence’s objection to the resettlement of Syrian refugees in Indiana because they may pose a terrorism threat “nightmare speculation,” the 7th Circuit Court of Appeals Monday rejected the governor’s appeal of rulings blocking his bid to withhold federal funding to an agency assisting war victims.
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7th Circuit proposes changes to maximum word counts for briefs

September 27, 2016
IL Staff
The clerk of the 7th Circuit Court of Appeals announced Tuesday proposed new and amended circuit rules dealing with maximum word counts for briefs.
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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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