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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Friday:
7th Circuit Court of Appeals
Eric D. Holmes v. Marion County Sheriff’s Office
22-3032
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms the district court’s dismissal of Eric Holmes lawsuit against the Marion County Sheriff’s Office, where Holmes alleged he had been unlawfully imprisoned in violation of the 14th Amendment. Finds the court dismissed the case for failure to state a claim in part because of judicial immunity clear from the face of the complaint. Attorneys for appellant: Easha Anand, Rosalind Dillon, Elena Meth, George Mills. Amicus curiae: Darren Craig, Anthony Overholt.
Carl Culp and Roberta Culp v. Scott Caudill, et. al. and Whitney Woods and Stevan Schulien
23-2397 & 23-2398
Civil. Appeals from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Jon DeGuilio. Affirms the district court granting of summary judgment in favor of the defendants on nearly all of the claims, leaving for trial only Carl Culp’s § 1983 excessive force claim against Fort Wayne Police Officers Whitney Woods and Stevan Schulien, and the state law claims by both Carl and Roberta Culp against Woods and Schulien. Also affirms a jury verdict in favor of the defendants as to all claims except the state law count of battery brought by Roberta Culp against defendant Woods. As to that claim, the jury found in favor of Roberta Culp, awarding her nominal damages of $1. Finds the Culps’ argument for reversal on appeal is without legal support. Finds the court properly identified the law regarding the award of costs to prevailing parties and its decision was based on its determination that this is a case with mixed outcome and that in such cases courts often require parties to bear their own costs. Attorneys for appellants: Janette Surrisi, Sean Surrisi. Attorneys for appellees: Carolyn Trier, John Feighner.
In re: Jacqueline M. Sterling, Jacqueline M. Sterling v. Southlake Nautilus Health & Racquet Club, Inc.
24-2021
Bankruptcy from district court. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Phillip Simon. Affirms the bankruptcy court’s award to Jacqueline Sterling for compensatory damages for lost wages and emotional distress. Vacates the district court’s judgment with respect to attorney’s fees and remands for the bankruptcy court to determine, in light of its broad fee-shifting discretion, whether to reduce Southlake’s liability for the attorney’s fees—and if so, by how much. Attorney for appellant: Samuel Shelist. Attorney for appellee: Kevin Steele.
Monday opinions
Indiana Court of Appeals
Tervarus L. Gary v. State of Indiana
24A-CR-2712
Criminal. Reverses Tervarus Gary’s conviction in Elkhart Superior Court of Level 5 felony possessing material capable of causing bodily injury by an inmate. Finds that the state did not present sufficient evidence of the actus reus requirement to rebut his affirmative defense of absence of voluntariness. Also finds insufficient evidence that Gary was warned and voluntarily chose to possess the prohibited items in the jail. Attorney for appellant: Christopher Petersen. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Daniel Frohman.
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