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John Crouch v. State of Indiana, Britni Saunders
19A-CT-1910
Civil tort. Affirms the dismissal of John Crouch’s complaint and demand for jury trial against the state of Indiana and Britni Saunders, the State Personnel director, in her official capacity and her individual capacity, for violations of the 14th Amendment and Indiana’s blacklisting statutes. Finds the U.S. Supreme Court has held that the term “person” does not include a state or its administrative agencies, thus defeating Crouch’s 14th Amendment claim. Also finds Crouch did not request injunctive relief or other prospective relief as to Saunders in her official capacity and that reversal is not warranted for him in regard to her individual capacity. Finally, finds reversal is not warranted on Crouch’s blacklisting claims because he makes no assertion that his “not eligible for rehire” designation was erroneous or based on false charges.
Pamela Bowling v. State of Indiana, Britni Saunders
19A-CT-1920
Civil tort. Affirms the dismissal of Pamela Bowling’s complaint and demand for jury trial against the State of Indiana and Britni Saunders, State Personnel director, in her official capacity and in her individual capacity. Finds reversal is not warranted under the circumstances and in light of Crouch v. State, 19A-CT-1910.
Kevin MT Edwards v. State of Indiana
20A-CR-42
Criminal. Affirms Kevin Edwards’ convictions for 10 counts of child pornography, three of Level 5 felonies and seven as Level 6 felonies, but reverses his aggregate 13 ½ – year sentence. Finds that the state failed to produce enough evidence to allow a finding that Edwards’ crimes did not constitute an episode of criminal conduct. Remands for the imposition of a sentence of no longer than seven years of incarceration.
Annette Spicer v. State of Indiana (mem. dec.)
19A-CT-2948
Civil tort. Reverses the LaPorte Superior Court’s entry of summary judgment in favor of the state of Indiana, finding as a matter of law that it was entitled to immunity under the Indiana Tort Claims Act against Annette Spicer’s negligence claim. Finds genuine issues of material fact rendering summary judgment inappropriate. Remands for further proceedings.
Matthew Dallman v. Eunjin Choi (mem. dec.)
19A-DR-2115
Domestic relation. Affirms the Lake Circuit Court’s order concluding that the decree dissolving Matthew Dallman’s marriage to Eujin Choi did not create a constructive trust in favor of Dallman. Finds no error.
Richard Dodd v. State of Indiana (mem. dec.)
18A-CR-3126
Criminal. Affirms the denial of Richard Dodd’s motion to correct erroneous sentence in the St. Joseph Superior Court. Finds the trial court properly denied Dodd’s motion to correct erroneous sentence.
In Re the Termination of the Parent-Child Relataionship of D.H. (Minor Child), F.H. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2011
Juvenile termination of parental rights. Affirms the termination of father F.H.’s parent-child relationship with D.H. Finds that the juvenile court did not err when it concluded that DCS proved by clear and convincing evidence that continuation of the parent-child relationship would be a threat to the child’s well-being. Also finds termination is in the child’s best interests, and the evidence is sufficient to support the juvenile court’s conclusion that there is a reasonable probability that the conditions resulting in the child’s removal will not be remedied.
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