Opinions Oct. 21, 2019

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The following opinions were posted after IL deadline Friday. 7th Circuit Court of Appeals
Gai Levy v. Marion county Sheriff, et al.
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms grant of Gai Levy’s motion for summary judgment against his claim that the Marion County Sheriff and the Consolidated City of Indianapolis and Marion County violated his constitutional rights under 42 U.S.C. § 1983 for unlawfully detaining him after the Marion Superior Court order his release from jail. Finds the testimony and evidence affirms the district court’s decision that there was no dispute of material fact as to whether the court entered an order for Levy to self-report to Marion County Community Corrections after his first court appearance. Holds that because the Marion County sheriff and the city of Indianapolis tried to implement a fix to overcome a glitch in the release processing system, they did not to act with deliberate indifference to the risk of detainees’ overdetention.

Lisa Ulrey v.William Reichhart
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio.
Civil. Affirms the district court’s grant of summary judgment to William Reichhart and the Manchester Community Schools board against former assistant principal Lisa Ulrey. Finds the First Amendment did not protect Ulrey’s speech when she questioned a student discipline issue in her capacity as an employee. Also finds Ulrey failed to present evidence sufficient to support a finding that her resignation was involuntary.

Daniel Portee v. USA
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne
Chief Judge Theresa L. Springmann. Reverses the 15-year mandatory minimum sentence imposed on Daniel Portee after his conviction of possession of firearm by a convicted felon. Finds that under the Armed Career Criminal Act, Portee did not have enough qualifying felony convictions to warrant the sentence enhancement in light of Johnson v. United States, 135 S. Ct. 2551, 2563 (2015). Remands for resentencing.

Indiana Court of Appeals

Global Caravan Technologies, Inc.; Christopher Douglas; Husheng Ding; Kyle Fang; Chris Tzeng; C.H. Douglas & Gray, LLC; Thomas Gray; Doris Roberts; and Red Wing Capital, LLC v. The Cincinnati Company
Civil Plenary. Affirms the Marion Superior Court’s grant of summary judgment in favor of The Cincinnati Insurance Company in Cincinnati’s action requesting a declaration that it had no obligation to defend in other litigation involving Global Caravan Technologies, Inc., Christopher Douglas, Husheng Ding, Kyle Fang and Red Wind Capital, LLC. Finds Global’s involuntary intervention in the Hoefer Litigation was not a “suit” as defined by the insurance contract between Cincinnati and Global. Also finds the ERP Exclusion precluded coverage by Cincinnati for Douglas, Ding, and Fang. Finds the trial court did not err when it granted summary judgment in favor of Cincinnati.

Monday’s opinion
Indiana Supreme Court
Kevin Andrew Schuler v. State of Indiana
Life without parole. Affirms Kevin Schuler’s sentence of life without parole for murder and 65 years in prison for his conviction of felony murder, finding that the court did not err in resentencing him on remand from Schuler v. State, 112 N.E.3d 180 (Ind. 2018). Schuler did not prove the Harrison Superior Court impermissibly relied on nonstatutory aggravating circumstances in resentencing.

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