Opinions Aug. 18, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Shawn Williams v. Naveen Rajoli and Tara Powers
20-1963
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James P. Hanlon.
Civil. Affirms summary judgement for Dr. Naveen Rajoli and Tara Powers on inmate Shawn Williams’ deliberate indifference complaint. Finds Williams did not exhaust his administrative remedies before filing suit. Also finds Williams missed the 10-day deadline to file a formal grievance, and the defendants weren’t required to respond to an informal grievance. Finally, finds Williams’ argument that he had good cause for his failure to timely file a formal grievance is both unexhausted and waived. 

United States of America v. Buster Hernandez
21-1481 and 21-1935
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Criminal. Affirms without reaching the merits Buster Hernandez’s $110,000 restitution order for a yearslong sextortion scheme involving hundreds of victims. Finds Hernandez did not object in the Indiana Southern District Court and, therefore, waived his arguments that the restitution amount was improper because the government provided no supporting evidence as well as his argument against adding three more victims to the list of those owed restitution.

Thursday opinions
Court of Appeals of Indiana
Amberly Pointe Manufactured Home Community v. Stucker Fork Conservancy District
21A-EX-2805
Agency action. Affirms the Indiana Utility Regulatory Commission’s dismissal of Amberly Pointe Manufactured Home Community’s complaint for lack of subject matter jurisdiction, finding that Stucker Fork Conservancy District is not subject to Indiana Code § 8-1.5-3-8(l) or 170 Indiana Administrative Code (IAC) 6-1-16. Finds the commission did not err.

In the Matter of the Civil Commitment of E.F. v. St. Vincent Hospital and Health Care Center, Inc. d/b/a St. Vincent Stress Center
21A-MH-1332
Mental health. Affirms on remand the Marion Superior Court’s entry of an involuntary temporary commitment order for E.F., finding E.F. is mentally ill and gravely disabled. Finds the appeal is not moot. Also finds there is clear and convincing evidence to support the trial court’s determination that E.F. was gravely disabled and that the temporary commitment was appropriate.

James Brian Chadwell, II v. State of Indiana (mem. dec.)
22A-CR-9
Criminal. Affirms James Brian Chadwell II’s convictions of child molesting and attempted child molesting. Finds Chadwell is not permitted to challenge the propriety of his convictions on direct appeal.

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