14th Amendment

Nursing student loses appeal of dismissal from Purdue

March 19, 2013
Jennifer Nelson
A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.
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Interstate defendant denied due process in hasty sentencing trip

February 22, 2013
Dave Stafford
A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
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Justices to decide if tax sale notice statute unconstitutional

November 27, 2012
Jennifer Nelson
The Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due process.
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Man loses appeal of suit against sheriff, jail medical staff

November 20, 2012
Jennifer Nelson
A man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld the grant of summary judgment in favor of the defendants.
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Court of Appeals reverses and remands inmate’s request for kosher meals

October 9, 2012
Marilyn Odendahl
A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.  
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Court issues injunction against BMV

August 13, 2012
Marilyn Odendahl
An Indianapolis single mother of six has had her driving privileges reinstated after a Marion Superior Court judge granted a preliminary injunction in a lawsuit brought by the American Civil Liberties Union of Indiana and private counsel Scott DeVries against the Indiana Bureau of Motor Vehicles.
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Appeals court affirms tax sale notice statute unconstitutional

July 16, 2012
Dave Stafford
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
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7th Circuit tosses IU dorm-search lawsuit

June 29, 2012
Dave Stafford
An Indiana University student’s federal lawsuit seeking a preliminary injunction to prevent his one-year suspension was dismissed Friday by the 7th Circuit Court of Appeals.
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Smoking-ban lawsuits face long odds, legal expert says

May 30, 2012
Scott Olson
Ten bar owners who are taking Indianapolis to court over a new citywide smoking ban that takes effect Friday at 6 a.m. stand little chance of stopping the ordinance, an Indianapolis law professor predicts.
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COA upholds judgment in favor of employer in wrongful termination suit

February 21, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
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Evidence properly admitted under independent source doctrine

December 14, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
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Judge grants limited class certification in stage collapse lawsuit

November 28, 2011
Michael Hoskins
While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.
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Justices asked to rehear Barnes

June 22, 2011
Michael Hoskins
The Indiana Supreme Court is being asked to revisit a ruling on a person’s right to resist illegal law enforcement entry into one’s home, and 71 state legislators have signed an amicus curiae brief asking the justices to narrow their decision.
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Supreme Court splits on Barrett Law sewer payment case

May 10, 2011
Michael Hoskins

A divided Indiana Supreme Court has ruled that the City of Indianapolis didn’t violate the constitution by refusing to grant some homeowners’ refund requests for sewer project assessments they’d paid in full when other homeowners who’d made partial installment payments had the remaining balance of assessments owed discharged.

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Justices find email is constitutionally protected speech

April 21, 2011
Jennifer Nelson
A trial court erred in granting summary judgment to a fire chief and township in a firefighter’s suit following his termination by the chief for sending a personal, political email that the chief believed contained false statements of fact. The firefighter’s email was actually constitutionally protected speech, the Indiana Supreme Court held Thursday.
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7th Circuit upholds qualified immunity for DCS workers

March 16, 2011
Jennifer Nelson
Although sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns – a removal that was subsequently found not to be supported by probable cause –  the 7th Circuit Court of Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.
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7th Circuit takes girls' basketball schedule case

March 11, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’ basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.
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Suit filed following inmate's suicide

October 11, 2010
Jennifer Nelson
A father whose son committed suicide while in a southern Indiana jail has filed a lawsuit against the county and its sheriff.
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Judge: Girls' basketball games schedule not discriminatory

October 7, 2010
Jennifer Nelson
A federal judge has ruled that 14 school corporations haven’t discriminated against girls’ basketball teams by scheduling more of their games on weeknights instead of weekends as compared to boys’ basketball games.
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Religious defense doesn't discharge court's subject matter jurisdiction

September 22, 2010
Jennifer Nelson
A court with authority to hear defamation and invasion of privacy claims is not ousted of subject matter jurisdiction just because a defendant pleads a religious defense, the Indiana Supreme Court ruled today.
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Judge sues prosecutor for intimidation, retribution

August 23, 2010
Jennifer Nelson
A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
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7th Circuit upholds Indiana judicial canons

August 20, 2010
Michael Hoskins, Michael Hoskins
A three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of free speech and should stand.
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Class action suit challenges voter-removal statute

August 17, 2010
Michael Hoskins
State officials are prohibiting people convicted and incarcerated for misdemeanor offenses from voting while they are behind bars, but that could change if a federal suit is successful.
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Medicaid applications review policy doesn't violate federal law

July 21, 2010
Jennifer Nelson
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled today.
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Mom sues over girls' high school basketball schedule

July 21, 2010
Jennifer Nelson
A Franklin County mother is suing the Indiana High School Athletic Association and multiple school districts claiming discrimination against the girl’s basketball team based on when the girls play their games.
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  5. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

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