Opinions Aug. 25, 2015

August 25, 2015
KEYWORDS Opinions / neglect

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Monday.

D.S. b/n/f George M. Stahl and Debbie Lynn Stahl v. East Porter County School Corporation, et al.
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division
Magistrate Judge Paul R. Cherry
Civil. Affirms summary judgment in favor of the school corporation defendants, finding that in bringing a suit over alleged bullying at school, the plaintiffs did not offer sufficient evidence to create a genuine issue of material fact under the state-created danger standard.

Terrence Preddie v. Bartholomew Consolidated School Corp.
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Affirms in part, but reverses denial of summary judgment in favor of the Bartholomew Consolidated Schools on Terrence Preddie’s interference and retaliation claims under the Family Medical Leave Act. Genuine issues of material fact exist as to those claims to preclude summary judgment. Summary judgment in favor of the schools was proper on Preddie’s Title VII race discrimination and Americans with Disabilities Act claims.

Indiana Court of Appeals
Aug. 25, 2015

Darrell Mattingly v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of three counts of dealing in methamphetamine, Class A felonies, and one count of maintaining a common nuisance, a Class D felony.

In the Matter of: L.E. III, B.E. & A.E. (Minor Children), Children in Need of Services and E.E. (Mother) & L.E. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms judgment of the juvenile court that the children of E.E. (mother) and L.E. (Father) are children in need of services.

William G. Zartman, Jr., and Marilyn M. Zartman, et al. v. Donald R. Towne and Larry J. Towne, and State of Indiana (mem. dec.)
Civil plenary. Affirms dismissal of the state from this litigation. The Townes filed a complaint claiming the Zartmans rebuilt a fence that encroached onto their property. Initially, the Zartmans claimed they owned the disputed portion of land but then alleged the state owned it. The state filed a disclaimer and the trial court dismissed the state. COA finds because the state has disclaimed any interest to the property, there is no procedural mechanism for it to be added as a party to the litigation.

Harold Baker v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of rape, a Class B felony; criminal confinement, a Class D felony; possession of a narcotic drug, a Class D felony; battery resulting in bodily injury, a Class A misdemeanor; interference with the reporting of a crime, a Class A misdemeanor, and possession of marijuana, a Class A misdemeanor.

John B. Davis, Sr., as Administrator of the Estate of John B. Davis, Jr., Deceased v. Edgewater Systems for Balanced Living, Inc.
Civil tort. Affirms granting of Edgewater’s motion for judgment on the pleadings pursuant to Indiana Trial Rule 12(C). Finds the mental health provider notified the Gary Police Department about the emergency detention order and verified the department received the order. Rules Edgewater’s action exceeded the “reasonable effort” requirement in Indiana Code 34-30-16-1 & 2.

K.L. v. Review Board of the Indiana Department of Workforce Development and Indiana University Health (mem. dec.)
Civil. Affirms denial of K.L.’s application for unemployment benefits.

Jose Urbano v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of criminal confinement, as a Class D felony.