Opinions July 25, 2016

July 25, 2016
KEYWORDS Opinions / neglect

The following 7th Circuit Court of Appeals opinion was issued after IL deadline Friday:
Janet Riley v. Elkhart Community Schools
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Christopher Nuechterlein.
Civil. Affirms summary judgment in favor of Elkhart Community Schools on Riley’s age discrimination complaint. The District Court properly granted summary judgment on all claims based on procedural bars and insufficient evidence.

Monday’s opinions
Indiana Court of Appeals

Darrell Birge and Sandra Birge v. Town of Linden, Indiana
Civil plenary. Reverses trial court dismissal of the Birges’ nuisance and civil conspiracy suit against the town of Linden for damage to their farm property caused after an independent contractor modified an existing drainage system for municipal purposes. The trial court erred in concluding it was clear on the face of the evidence that the town’s discretionary function immunity applied, that the Birges were barred from seeking damages for inverse condemnation, and that the Birges failed to allege facts supporting a civil conspiracy. Remands for further proceedings.

Shannon C. Blankenship v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony operating a vehicle while privileges are suspended.

Dereck D. Hendricks v. State of Indiana (mem. dec.)
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement after a bench trial, concluding the officers were not lawfully engaged in the execution of their duties when they entered Hendricks’ home without a warrant and arrested him.