Opinions July 9, 2013

July 9, 2013
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The following 7th Circuit Court of Appeals opinion was handed down after IL deadline Monday:
Debra Leveski v. ITT Educational Services, Inc. and Appeals of: Motley Rice LLP, Plews Shadley Racher & Braun LLP, The Law Offices of Timothy J. Matusheski and Timothy J. Matusheski
12-1369, 12-1967, 12-1979, 12-2008, 12-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Reverses dismissal of Leveski’s lawsuit against ITT on behalf of the United States pursuant to the qui tam provision of the False Claims Act. Leveski, a former employee of ITT, alleged ITT knowingly submitted false claims to the Department of Education in order to receive funding from federal student financial assistance programs. Also reverses the sanctions imposed against Leveski’s attorneys. Finds her allegations merit further development and are sufficiently distinct from prior public disclosures to give the federal court jurisdiction over her lawsuit. Remands for further proceedings.

Tuesday’s opinions
7th Circuit Court of Appeals

Roger L. Peele v. Clifford Burch, individually and as Portage Police Department Chief, et al.
U.S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Reverses summary judgment in favor of the city of Portgage and Portage Police Department chief and assistant chief on Peele’s lawsuit that he was transferred out of the detective bureau for talking to a local reporter about the loss of the election by the candidate he supported for mayor. A deposition by a police officer who held the station duty officer position before Peele and the suspicious timing of Peele’s transfer are enough to avoid summary judgment. Remands for further proceedings.

Indiana Court of Appeals
Wayne L. Patton v. State of Indiana
Criminal. Affirms condition of Patton’s probation that prohibits him from accessing websites and computer programs in which children are likely to participate. The condition is reasonable and is neither overbroad or excessively vague because it relates directly to preventing Patton from communicating with children on the Internet.

Term. of the Parent-Child Rel. of: R.J. and T.W. (minor children), C.J. (Mother) and K.J. (Father) v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Larry A. Rowe, Jr. v. State of Indiana (NFP)
Criminal. Affirms 12-year sentence for Class B felony burglary.

Brandon T. Wright v. State of Indiana (NFP)

Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Steven Gates v. State of Indiana (NFP)

Criminal. Affirms denial of request for credit time for the completion of various programs while Gates was in the Marion County jail awaiting trial.

Raymond E. Schakel v. State of Indiana (NFP)
Criminal. Reverses conviction for Class A felony child molesting following guilty plea. Remands for further proceedings.

Phong Tien v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony theft.

Turf Pro Plus, Inc. v. Indianapolis Department of Public Works, The City-County Council, and The Hon. Greg Ballard (NFP)
Civil collection. Dismisses Turf Pro’s appeal of the grant of the city’s motion to dismiss the company’s complaint regarding contracts to mow grass in city parks.

William Zollinger v. State of Indiana (NFP)

Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Termination of Parent-Child Relationship of R.E. and D.E. v. Indiana Department of Child Services (NFP)
Juvenile. Affirms involuntary termination of father’s parental rights.

Eugene Hill v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and order Hill serve a 180-day sentence in the Marion County jail.

John S. Dillman, Jr. v. Michelle Dillman (NFP)
Domestic relation. Affirms order denying father’s petition to modify custody.

Matthew A. Baugh v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. 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

  4. 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?)

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