Opinions Aug. 20, 2010

August 20, 2010
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7th Circuit Court of Appeals

Torrey Bauer, David Certo, and Indiana Right to Life, Inc. v. Randall T. Shepard, et al.
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Civil. Affirms District court’s ruling that the state’s judicial canons are constitutional regarding whether judges can make public statements regarding controversial issues. The opinion recognizes a split among Circuits throughout the country on the issue. Also finds that a portion of the challenge involving the pre-2009 conduct code is unripe, rather than moot as the District court had found.

Franz Schleicher, et al. v. Gary C. Wendt, et al.
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Finds the District Court did not commit a legal error, or abuse its discretion, in deciding that the fraud-on-the-market doctrine should not be conscripted to serve some other function in a lawsuit. In this case, the plaintiffs claim the defendants made false statements about Conseco, which in turn affected their perceived value of the shares.

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Jeff Sagarin and Shirley Jablonski v. City of Bloomington
Civil. Affirms trial court’s ruling in city’s favor regarding Sagarin’s inverse condemnation claim because he knew about the easement when he purchased the property. Reverses and remands for determination of attorney’s fees in regards to Jablonski. Affirms trial court’s determination regarding tolling of statute of limitations.

Canteen Service Company of Indianapolis, Inc. v. Indiana Dept. of Transportation
Civil. Affirms the trial court’s judgment in favor of the Indiana Department of Transportation on Canteen’s claim for damages from an alleged inverse condemnation. Canteen raised two issues for review: whether Canteen’s previous sale of its property adjacent and contiguous to First Avenue extinguished its right of direct access to First Avenue; and whether INDOT’s relocation of Canteen’s entrance to First Avenue by 210 feet, and by way of a frontage road, amounted to a “taking” under Indiana law.

Richard M. Jackson Sr. d/b/a RMJ Investigations v. Benjamin Parks (NFP)
Civil. Dismisses Jackson’s appeal of the small claims court’s order that he be represented by counsel in his efforts to enforce an assigned judgment. Finds his appeal is not properly before the Court of Appeals.

Term. of Parent-Child Relationship of E.K.H.; K.E.N. and C.J.H., Jr. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Term. of Parent-Child Relationship of A.E. and S.W.; S.E. and A.E. v. IDCS (NFP)
Juvenile. Affirms termination of parental rights.

Kurt Retrum, M.D., et al. v. Sarah Tinch (NFP)
Civil. Reverses and remands for entry of summary judgment in favor of the defendants Kurt Retrum, et al. because the statute of limitations had expired.

Donald Carew v. State of Indiana (NFP)
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor, following a bench trial.

Indiana Tax Court posted no opinions before IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.