lawsuit

Judge limits police expert testimony in excessive force case

December 17, 2015
Dave Stafford
A defense expert may not testify whether he believes a Richmond police officer used excessive force when he punched an unruly man in the face three or four times while the man was handcuffed to a hospital gurney.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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Attorney questions if schools complied with Nativity ruling

December 15, 2015
 Associated Press
An attorney who filed a lawsuit that led to a federal judge banning a northern Indiana school district from including a live Nativity scene in its annual Christmas show says he believes the district's use of mannequins instead of student actors had many of the same constitutional flaws.
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7th Circuit upholds Indiana’s cold beer law

December 14, 2015
Marilyn Odendahl
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
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Banned live Nativity goes on with mannequins

December 14, 2015
 Associated Press
School officials say a federal judge's injunction only applied to a live scene and that they complied with the order.
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More proceedings necessary in mortgage foreclosure action

December 11, 2015
Jennifer Nelson
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
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Family suing Marion County Sheriff over inmate's suicide

December 11, 2015
 Associated Press
The family of an Indianapolis man who apparently hanged himself in a Marion County Jail cell is seeking damages in a federal lawsuit against the sheriff's department.
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Suit challenges constitutionality of RFRA fix, local gay rights laws

December 10, 2015
IBJ Staff, J.K. Wall
The “RFRA fix” passed in April to quell discrimination fears about the Religious Freedom Restoration Act is now being challenged as unconstitutional by two organizations that were the most vocal proponents of the original legislation.
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Lawyer loses fee appeal against defunct Stewart & Irwin

December 10, 2015
Dave Stafford
A lawyer who claimed his former law firm and its shareholders wrongly withheld fees he was contractually owed lost his appeal of a judgment in the firm's favor Thursday.
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Company owner personally liable for unpaid phone book ads

December 10, 2015
Jennifer Nelson
Reversing a Hamilton County trial court, an appellate panel found a company owner individually liable and remanded for a determination of damages, interest and attorney fees.
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Judge rejects Texas' latest attempt to block Syrian refugees

December 10, 2015
 Associated Press
A federal judge Wednesday knocked Texas for offering "largely speculative hearsay" about extremists possibly infiltrating Syrian refugees seeking to resettle in the state, rejecting another attempt by Republican leaders to keep out families fleeing the war-torn country.
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January hearing set for Indiana refugees lawsuit

December 9, 2015
 Associated Press
A federal judge in Indianapolis has set a hearing for next month to consider a request to suspend Indiana Gov. Mike Pence's order that state agencies stop helping with the resettlement of Syrian refugees.
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COA split over inmate’s ability to sue for unpaid wages

December 9, 2015
Jennifer Nelson
The Indiana Court of Appeals was divided Wednesday over whether an inmate who worked for a private company that contracted with the Department of Correction to employ offenders was allowed under Indiana statute to make a claim for unpaid wages.
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Paralyzed woman’s claim against security guard’s company proceeds

December 8, 2015
Jennifer Nelson
Whether a security guard, who shot a woman during an argument while he was on duty, was acting to further his employer’s business when he shot her is a matter that should be decided by a judge or jury, the Indiana Supreme Court held Tuesday.
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Same-sex couples ask for summary judgment in birth certificate complaint

December 7, 2015
Marilyn Odendahl
Eight lesbian couples who sued the state for not putting both parents' names on their children’s birth certificates have filed a motion for summary judgment, asking the federal court to prohibit the state from denying the presumption of parenthood to female spouses of women who are artificially inseminated.
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City workers lose challenge to law, must quit to take office

December 4, 2015
Dave Stafford
Five Lake County civil servants lost their lawsuit challenging a state law that forbids them from serving in elected office in the same city that employs them.
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Insurance agents denied summary judgment in lawsuit filed after fire

December 2, 2015
Jennifer Nelson
A man’s lawsuit will continue against an insurance agent and his agency after they insured his rental property but then denied coverage after a fire, alleging the man misrepresented the property’s condition.
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Downtown condo association again files suit for building damage

December 2, 2015
Scott Olson, IBJ Staff
The homeowners association for a downtown Indianapolis condominium complex again is suing the owner and builder after a new round of problems caused about $6 million in damage to the structure.
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Suit accuses owners of home-repair firm of serial fraud

December 1, 2015
IBJ Staff
Indiana Attorney General Greg Zoeller sued the two owners of Carmel-based Green Frog Restoration Inc. on Tuesday, charging they scammed at least 41 Indianapolis-area residents out of more than $280,000 after one of them conducted similar schemes against Ohio and Kentucky residents.
 
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Divided COA reinstates lawsuit of drunk man who fled, was hit by cars

November 30, 2015
Dave Stafford
A bar will have to face a negligence lawsuit brought by a man who was served at least one drink before he fled from a police stop in handcuffs and was hit by two cars as he tried to cross a state highway.
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Former western Indiana town marshal sues, seeks job back

November 30, 2015
 Associated Press
The former town marshal for a western Indiana community is suing town board members, seeking back pay and his job back.
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L-3 Communications sued by US over defective gun sights

November 24, 2015
 Bloomberg News
The U.S. government has sued L-3 Communications Corp. for fraud, claiming it knowingly supplied the military and law enforcement with thousands of defective holographic weapon sights that malfunction in hot, cold and humid conditions.
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Lawsuit: Indy used car dealer deceived consumers

November 24, 2015
IBJ Staff
Indianapolis used car dealer Circle City Auto Exchange Inc. and two of its affiliates were sued by the state Monday for allegedly selling “total loss” vehicles to customers without disclosures, charging unfair prices and offering "useless" warranties, the Indiana attorney general's office announced.
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Indiana governor faces lawsuit for blocking Syrian refugees

November 24, 2015
 Associated Press, IL Staff
A lawsuit challenging the Indiana governor's decision to stop state agencies from helping resettle Syrian refugees alleges that the action wrongly targets the refugees based on their nationality and violates the U.S. Constitution and federal law.
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Man exonerated after serving 34 years in prison files suit

November 24, 2015
 Associated Press
A California man who was exonerated of murder after serving 34 years of a life sentence has filed a federal lawsuit against Ventura County, the district attorney's office and the sheriff's office.
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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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