Opinions Nov. 21, 2013

November 21, 2013
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Indiana Court of Appeals
B.R., a Minor, by his Guardian, Teresa Todd v. State of Indiana, Indiana Department of Child Services, Morgan County Office of Department of Child Services, and Adult and Child Mental Health Center
Civil tort. Reverses grant of Adult and Child Mental Health Center’s Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction. The allegations in B.R.’s complaint, i.e. that his case manager negligently placed him with the respite therapeutic foster parents and negligently failed to inform the foster parents that B.R. was an overly active child known to run from adults and escape his home, are not directly related to any medical care B.R. received from the Health Center. Furthermore, the foster care placement was not made by a health care professional. Because B.R.’s claims sound in general negligence, his claims fall outside the Medical Malpractice Act.

Germaine Jones v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felonies robbery and criminal confinement.

Arthula Miller v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Jennifer K. Stevenson v. David C. Stevenson (NFP)
Domestic relation. Affirms order awarding primary physical and legal custody of two minor children to father David Stevenson.

Keith Eller, Nathaniel Hall, and Jeffrey Tatum v. City of Gary, Gary Police Civil Service Commission, and Vergie Thornton (NFP)
Civil plenary. Affirms the grant of summary judgment against Hall and Tatum and reverses the grant of summary judgment against Eller on the complaint seeking damages, declaratory judgment and injunctive relief. Determines as a matter of law that the commission violated its own rules, as well as local ordinance, when it failed to process Eller’s appeal of his exam score. The commission, however, did not violate its rules when it denied Eller’s request to review his written exam. Remands this cause to the trial court for further consideration of Eller’s complaint.

Matthew Schrock v. State of Indiana (NFP)
Criminal. Reverses conviction of Class B misdemeanor reckless driving. Remands for judgment to be entered for speeding and disregarding a stop sign.

Stephanie A. Johnson v. Eric Edward Powell (NFP)
Domestic relation. Affirms custody modification awarding primary physical custody of two minor children to father Eric Edward Powell.

Andrew Lee Watts v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in cocaine.

The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.


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  1. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  2. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.

  3. maybe if some of the socia workers would treat the foster parents better, they would continue to fostr.

  4. We have been asked to take in a 2 no old baby because mother is in very unstable situation. We want to do this but will need help with expenses such as medical and formula... Do we have to have custody thru court?

  5. Very troubling. A competent public defender is very much the right of every indigent person in the US or the Fifth amendment becomes meaningless. And considering more and more of us are becoming poorer and poorer under this "system," the need for this are greater than ever.... maybe they should study the Federals and see how they manage their program? And here's to thanking all the PD attorneys out there who do a good job.