January 23, 2026

This opinion was issued Friday after The Indiana Lawyer’s deadline.

7th Circuit Court of Appeals
Derek Thomas v. Jacqueline Carmichael, et al.
No. 23-2552
Civil. Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division, Chief Judge James R. Sweeney II. Affirms the district court’s grant of summary judgment for federal prison officials. Holds that the plaintiff’s Eighth Amendment failure-to-protect claim cannot proceed because recognizing it would require an impermissible expansion of Bivens, and binding precedent forecloses such claims. Further holds that the plaintiff forfeited opposition to qualified immunity on his deliberate-indifference claim by failing to address the defense in the district court, and no exceptional circumstances justify appellate review of the forfeited argument. Declines to reach whether the deliberate-indifference claim presents a new Bivens context. Dissent (Ripple, J.) would reach the merits of qualified immunity as to two nurses, conclude the deliberate-indifference claim fits within Carlson v. Green, and deny qualified immunity to those nurses while affirming as to other defendants. Appellant’s attorneys: Recruited counsel. Appellees’ attorneys: United States Department of Justice.

This opinion was issued Thursday after The Indiana Lawyer’s deadline.

7th Circuit Court of Appeals
Atlanta Gas Light Company and Southern Company Gas v. Navigators Insurance Company
Nos. 24-2888 & 24-2889

Civil. Appeal from the U.S. District Court for the Southern District of Indiana, Judge James P. Hanlon. Affirms the district court’s rulings that Atlanta Gas Light Company and Southern Company Gas qualify as “additional insureds” under an excess liability insurance policy issued by Navigators Insurance Company and that Navigators breached the policy by refusing to defend and indemnify them in underlying Georgia personal-injury lawsuits arising from a gas explosion.

This opinion was issued Friday:

Indiana Court of Appeals
Ricky House, Jr. v. State of Indiana
25A-PC-620

Post-conviction relief. Appeal from the Posey Circuit Court, Judge Craig Goedde. Affirms the denial of Ricky House Jr.’s petition for post-conviction relief. Holds House failed to establish prejudice under Strickland v. Washington on his claim of ineffective assistance of trial counsel. Concludes that, even assuming deficient performance, overwhelming evidence supported House’s convictions for multiple offenses arising from the prolonged confinement and repeated sexual assault of the victim, including detailed victim testimony, corroborating witness testimony, physical evidence recovered from the trailer, DNA evidence, and photographic evidence. Finds no reasonable probability that the result of the trial or sentencing would have been different absent the alleged errors. Appellant’s attorney: Michael Frischkorn. Appellee’s attorneys: Attorney General Theodore E. Rokita, Supervising Deputy Attorney General Ellen H. Meilaender.