U.S. District Court for the Northern District of Indiana, Fort Wayne Division.
Judge Robert L. Miller
Civil. Affirms denial of a motion for preliminary injunction to block Angola’s zoning law to prohibit adult entertainment featuring nude dancing after BBL purchased a restaurant in the northeastern Indiana city for that purpose. The district court’s conclusion that BBL’s construction at the site was conducted unlawfully in violation of the city’s building permit requirement is a reasonable application of Indiana law for the purposes of denying preliminary injunctive relief.
Civil tort. Reverses summary judgment in favor of Davis Security on Knighten’s complaint under the theory of respondeat superior. There is conflicting evidence as to the scope and extent of Caldwell’s duties and responsibilities as an employee of Davis Security.
Criminal. Affirms McCool’s 12-year sentence for Level 4 felony unlawful possession of a firearm by a serious violent felon. The trial court acted within its discretion in its treatment of his lack of remorse and McCool has failed to establish that his sentence is inappropriate.
Cynthia Liggins v. Ralph Smith and Tammeka Smith and Attorney General of Indiana (mem. dec.)
Small claim. Affirms denial of Liggins’ motion to correct error after the small claims court found against her on her complaint against her landlords and in favor of the Smiths on their counterclaim. She waived her constitutional claims because she did not raise them at trial, and the court’s refusal to allow her son to testify is not a reversible error.