7th Circuit Court of Appeals
Anthony L. Smith v. Gilbert Peters, et al.
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reverses District Court’s dismissal of Smith’s civil rights suit alleging prison employees violated his First and Eighth Amendment rights. Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury may have violated a prisoner's Eighth Amendment rights and therefore are subject to those remedies that aren’t barred by 42 U.S.C. Section 1997e(e). Also, if the facts alleged in the complaint are true, Smith may have been punished for complaining about mistreatment. Remands for further proceedings.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jeffrey Allen Rowe v. Indiana Dept. of Correction
Small claims. Dismisses interlocutory appeal of the trial court’s ruling on a motion filed by Rowe of a verified petition for an order waiving all or partial filing fees and court costs. The appellate court lacks jurisdiction because the small claims court’s ruling on his verified petition is not an interlocutory order appealable as a matter of right under Appellate Rule 4(A)(1), and because Rowe did not request a discretionary appeal pursuant to App. R. 14(B).
Leo Machine & Tool Inc., et al. v. Poe Volunteer Fire Dept. Inc., et al.
Civil plenary. Grants rehearing and affirms original opinion in full with the addition that the appellate court now also affirms the trial court’s summary judgment in favor of Anderson Excavating on the same legal grounds.
Christina Smith v. State of Indiana (NFP)
Criminal. Grants petition for rehearing and clarifies that Smith’s sentence should be revised to four years, with two years suspended to supervised probation.
Kathy Lynch v. Daryl and Elizabeth Ackerman (NFP)
Civil collection. Reverses judgment in favor of the Ackermans on Lynch’s complaint alleging breach of contract.
Jamie S. Weddle v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony rape and Class B felony aggravated battery. Vacates conviction of Class D felony criminal confinement.
George Sheffer v. Gayle Sheffer n/k/a Gayle J. Curtiss (NFP)
Domestic relation. Affirms denial of George Sheffer’s motion to correct error.
State of Indiana v. Michael Williams (NFP)
Criminal. Reverses in part the court’s grant of Williams’ motion to suppress. Remands for further proceedings. Judge Riley dissents.
Frank E. Willis v. Keith Holder (NFP)
Civil tort. Affirms order granting summary judgment for Holder on Willis’ complaint for negligence.
Michael P. Wright v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement.
Indiana Tax Court had posted no opinions at IL deadline.