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Opinions March 16, 2011

March 16, 2011
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7th Circuit Court of Appeals
Mark Siliven, et al. v. Indiana Department of Child Services, et al.
10-2701
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms District Court conclusion that Terry Suttle, director of the Wayne County DCS, and case manager Amber Luedike were entitled to summary judgment on the federal claims on qualified immunity grounds, finding the constitutional rights allegedly violated were not clearly established in January 2008. Probable cause existed to remove C.S. from his father’s custody so there was no Fourth Amendment violation. The use of state action to protect C.S. from his father was reasonable.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
North Willow Operating LLC, et al. v. Stephanie Clay
49A02-1004-CT-444
Civil tort. Dismisses appeal of North Willow Operating following the denial of their motion to dismiss, demand for arbitration and to compel arbitration. North Willow failed to timely bring the appeal.

Pioneer Title v. Chanda Gartin (NFP)
29A02-1004-SC-571
Small claims. Affirms judgment in favor of Gartin in a suit following Pioneer Title's disbursement of funds that were supposed to be held in an escrow account.

Natalie Long v. State of Indiana (NFP)
57A03-1009-CR-494
Criminal. Remands with instructions to inquire into Long’s ability to pay and modify the restitution order as appropriate and to set the manner of payment.

Duncan Dillard v. State of Indiana (NFP)
37A03-1007-CR-376
Criminal. Reverses conviction of Class C felony possession of cocaine.

Darby L. Hape v. State of Indiana (NFP)
19A01-1009-CR-499
Criminal. Affirms denial of petition for jail credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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