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

4 Indiana nominations sent to Senate

January 21, 2010
IL Staff
President Barack Obama's list of 40 nominees included four Indiana nominations.
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Judge blocks DCS rate changes for now

January 21, 2010
Michael Hoskins
A federal judge in Indianapolis has temporarily blocked the Indiana Department of Child Services from reducing the amounts it pays to foster and adoptive parents and juvenile-service providers.
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Nominations would fill 3 U.S. District judicial posts.

January 20, 2010
Michael Hoskins
A federal magistrate, a trial court judge, and a banking attorney who's served as a federal and county prosecutor are in line to be the newest additions to Indiana's federal bench.
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Former attorney gets probation in fraud case

January 20, 2010
Jennifer Nelson
A former attorney who pleaded guilty to mail fraud last year was sentenced to 3 years probation Tuesday by a federal judge.
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Senator announces 3 federal judge nominees

January 18, 2010
Michael Hoskins
Indiana Democratic Sen. Evan Bayh has unveiled who's being nominated for three open seats on the state's federal bench.
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Law school reject sues to take bar exam

January 14, 2010
Jennifer Nelson
An Indianapolis man is suing the state Supreme Court justices and Board of Law Examiners because he believes he should be able to take the bar exam even if he didn't go to law school.
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Man accuses public defenders of malpractice

January 8, 2010
Jennifer Nelson
An accused child molester who sat in jail for 2 1/2 years until his case was dismissed is suing his former public defenders for legal malpractice.
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Newspapers join fight to unseal Durham records

January 5, 2010
The Indianapolis Business Journal and The Wall Street Journal have joined the legal fight to unseal search-warrant documents related to the federal investigation of businessman Tim Durham and Akron, Ohio-based Fair Finance Co. The IBJ is a sister publication of Indiana Lawyer.
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Nonprofit sues over DCS rate cuts

December 16, 2009
Jennifer Nelson
A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.
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Protective order sought in law examiners case

December 4, 2009
Michael Hoskins
The Indiana State Board of Law Examiners wants a U.S. District judge to issue a protective order stopping the ACLU of Indiana from obtaining what the agency describes as confidential information about bar applicants' answers to questions.
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City stopped from enforcing adult-business law

December 3, 2009
Michael Hoskins
A federal judge has granted a preliminary injunction to an adult bookstore in Indianapolis, temporarily stopping the city from enforcing a 2002 ordinance that regulates adult businesses.
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Southern District amendments take effect today

December 1, 2009
IL Staff
The U.S. District Court for the Southern District of Indiana has amended several local rules, effective today. The amendments are available on the court's Web site.
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Survey assesses PACER program

November 20, 2009
IL Staff
The federal judiciary is seeking feedback from users through a short survey on its PACER program, which allows people to search federal court records.
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U.S. Senate confirms Hamilton for 7th Circuit

November 19, 2009
Michael Hoskins
U.S. District Judge David F. Hamilton is the newest jurist on the 7th Circuit Court of Appeals.
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Judge's nomination vote set for Tuesday

November 11, 2009
Michael Hoskins
The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.
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Senators still stalling judge's Circuit nomination

November 10, 2009
Michael Hoskins
An Indianapolis judge's potential elevation to the federal appeals bench remains controversial even as the full U.S. Senate inches closer to voting on his nomination in the next week.
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District judge joins Judicial Conference

November 10, 2009
IL Staff
U.S. District Judge Richard L. Young of the Southern District of Indiana has become a member of the Judicial Conference of the United States, the court announced today.
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City, operator charged with violating CWA

November 5, 2009
Jennifer Nelson
The City of Madison and a wastewater treatment plant operator have been charged with negligently violating the Clean Water Act.
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Federal judge still won't block Voter ID law

October 28, 2009
Michael Hoskins
A week before some Indiana voters go to the polls, a federal judge in Indianapolis has declined to block the state's voter identification law that's currently in flux following a state appellate court ruling in September.
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Court history symposium Nov. 6

October 26, 2009
IL Staff
The second annual CLE forum "Court History Symposium: Court History and History in the Making" will feature Elizabeth Monroe, who will discuss federal territorial materials and what they reveal about the early practice of law in Indiana; Indiana Supreme Court Chief Justice Randall T. Shepard; and a judicial roundtable of judges from the Southern District.
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Court to take landlord-tenant insurance query

October 9, 2009
Michael Hoskins
The Indiana Supreme Court has accepted a certified question from a federal judge, and will now consider a state law issue that it hasn't before: whether a tenant is considered a co-insured under a landlord's fire insurance policy if there's no express agreement saying otherwise.
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Lawsuit alleges city violated Fair Housing Act

October 1, 2009
Jennifer Nelson
The United States has filed a lawsuit against the city of Columbus accusing it of violating the Fair Housing Act because it refused to grant a permit to a nonprofit group that wanted to operate a group home for men recovering from drug and alcohol addiction.
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City agrees to comply with Clean Water Act

September 18, 2009
Jennifer Nelson
Faced with hefty fines of more than $27,000 a day for violating the federal Clean Water Act, the city of Jeffersonville has reached a settlement with the federal and Indiana governments, the Department of Justice, and the U.S. Environmental Protection Agency.
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Lawmaker wants additional judge for Indiana

September 10, 2009
Michael Hoskins
A bill proposed this week would add a new federal judgeship to the Southern District of Indiana, a recommendation that's been pitched for years but has failed to garner enough legislative support.
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Court rules on adult-business ordinance

September 4, 2009
Jennifer Nelson
Six years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses' constitutional rights.
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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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