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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.
12-3562
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
17A05-1210-CR-538
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)
15A01-1207-JT-427
Juvenile. Affirms involuntary termination of parental rights.

Larry A. Rowe, Jr. v. State of Indiana (NFP)
35A02-1212-CR-1016
Criminal. Affirms 12-year sentence for Class B felony burglary.

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

02A04-1211-CR-609
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Steven Gates v. State of Indiana (NFP)

49A02-1208-CR-685
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)
24A01-1301-CR-42
Criminal. Reverses conviction for Class A felony child molesting following guilty plea. Remands for further proceedings.

Phong Tien v. State of Indiana (NFP)
49A02-1301-CR-23
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)
49A02-1301-CC-66
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)

20A03-1211-PC-450
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)
20A05-1209-JT-469
Juvenile. Affirms involuntary termination of father’s parental rights.

Eugene Hill v. State of Indiana (NFP)
49A02-1210-CR-797
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)
45A03-1209-DR-388
Domestic relation. Affirms order denying father’s petition to modify custody.

Matthew A. Baugh v. State of Indiana (NFP)
18A05-1210-PC-545
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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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