Opinions Nov. 2, 2016

November 2, 2016

Indiana Court of Appeals
David McCollough v. Noblesville Schools and Jeff Bryant
Civil tort. Affirms on interlocutory appeal the denial of summary judgment to Noblesville Schools and Jeff Bryant on ex-basketball coach David McCollough’s defamation claim. Affirms summary judgment in favor of the defendants on McCollough’s other claims of intentional infliction of emotional distress, negligence, breach of contract, and tortious interference with a contract/business relationship.

James L. McGraw v. State of Indiana
Criminal. Affirms trial court’s sentencing order, which shows that two counts of Level 5 felony battery resulting in bodily injury to a pregnant woman were dismissed, but does not designate that the dismissal constituted an adjudication of the charges on the merits. Dismissal under Trial Rule 41(B) operates as an adjudication upon the merits, so there is no need to remand to correct the sentencing order.

Ron Shoemaker v. Indiana State Police Department
Civil plenary. Affirms summary judgment in favor of Indiana State Police in an officer’s lawsuit claiming breach of contract for his demotion that alleged retaliation under the Indiana Whistleblower Law. Shoemaker did not exhaust his administrative remedies by seeking judicial review of an administrative process under the State Employee Appeals Commission, which dismissed his appeal as untimely. Holds that a state employee seeking redress for an employment action allegedly taken in retaliation for whistleblowing activity must proceed with, and only with, the remedy expressly provided in the WBL.

Ann Casildo v. State of Indiana (mem. dec.)
Criminal. Affirms six-year sentence with no time suspended following guilty plea to Class C felony forgery.

In the Matter of the Termination of the Parent-Child Relationship of B.S. (Child) and K.S. (Mother); K.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms involuntary termination of mother’s parental rights to B.S.