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Opinions Aug. 21, 2017

August 21, 2017

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:

Dustin King v. Marion Circuit Court
16-3726
Civil. Reverses a district court ruling and $10,380 damages award in favor of Dustin King, a deaf litigant who was denied a court-appointed interpreter for a modest means mediation program in Marion Superior Court.  Finds that the denial of a court-appointed interpreter did not deny King fundamental access to the courts. Remands with an order the federal action be dismissed, though King may pursue an action in state court.

Virginia E. Mourning v. Ternes Packaging, Indiana, Inc.
16-1650
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment in favor of Ternes Packaging, Indiana, Inc. Finds Virginia Mourning failed to submit evidence establishing a prima facie case for either her claim of wrongful termination because she is a woman or because she took protected leave under the Family and Medical Leave Act. Also finds Mourning has failed to submit evidence showing Ternes’ reasons for her discharge were pretextual.
Monday opinions
Indiana Court of Appeals

In the Matter of the Termination of the Parent-Child Relationship of: B.H., C.H., & L.W., Minor Children, J.M.H., Mother v. Indiana Department of Child Services (mem. dec.)
77A05-1702-JT-324
Juvenile termination of parental rights. Affirms the termination of J.M.H.’s parental rights to her children B.H., C.H. and L.W. Finds the Sullivan Circuit Court did not clearly err when it concluded the conditions that resulted in the children’s removal would not be remedied.

Bryson Terrell Rolling v. State of Indiana (mem. dec.)
48A04-1612-CR-2848
Criminal. Affirms Bryson Terrell Rolling’s conviction of aggravated battery as a Level 3 felony. Finds the prosecutor did not commit reversible error. Also finds Rolling has waived his jury instruction claim. Judge Patricia Riley concurs in result with separate opinion.

Silven Vires v. State of Indiana (mem. dec.)
36A01-1702-CR-367
Criminal. Dismisses Silven Vires’ appeal of the Jackson Circuit Court’s denial of his motion for modification of placement. Finds Vires appeals from an order the trial court lacked jurisdiction to enter.

D.C. v. K.W. (mem. dec.)
53A01-1703-PO-595
Protective order. Affirms the Monroe Circuit Court’s issuance of an order for protection on behalf of K.W. Finds D.C. has not preserved for appellate review his argument that the trial court erroneously denied him the opportunity to cross-examine K.W. at the hearing on her petition for an order for protection.

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