Opinions Oct. 15, 2014

Keywords neglect / Opinions
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7th Circuit Court of Appeals
Randy M. Swisher v. Porter County Sheriff’s Dept., et al.
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Reverses judgment in favor of the defendants on Swisher’s 42 U.S.C. 1983 complaint that he was denied medical care during his nine-month stint in jail. The magistrate judge, while fully crediting the plaintiff’s testimony at an evidentiary hearing, erred in dismissing Swisher’s suit for failure to exhaust administrative remedies.

Indiana Supreme Court
Joseph Wysocki and M. Carmen Wysocki v. Barbara A. Johnson and William T. Johnson, both Individually and as Trustees of the Barbara A. Johnson Living Trust dated 12-17-1996
Civil tort. Affirms judgment denying the Wysockis fees and costs under the Crime Victims Relief Act. CVRA liability does not depend on whether the tortfeasor has been charged with or convicted of the CVRA predicate offense, or even solely on the elements of the CVRA predicate offense. Instead, liability is also a matter of the factfinder’s discretionary judgment of whether the defendant is criminally culpable. When a court does impose CVRA liability, an award of costs and reasonable attorney fees is mandatory by the terms of the statute, even though additional exemplary damages remain discretionary. But when given a choice, the court need not impose CVRA liability when it believes ordinary tort liability will do.

Indiana Court of Appeals
Erik Morales v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief, challenging two convictions of Class A felony child molestation and one count of Class A felony attempted child molestation. Morales has not overcome the presumption he received effective assistant of trial counsel.

Hector Laguna v. State of Indiana (NFP)

Criminal. Affirms conviction of Class D felony domestic battery and evidentiary ruling excluding challenged evidence.

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