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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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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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