Opinions Nov. 18, 2021

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:

Beth A. Sweet v. Town of Bargersville and Steve Longstreet
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms Indiana Southern District Court’s ruling in favor of the town of Bargersville and Steve Longstreet against Beth Sweet in her retaliation lawsuit. Finds Sweet’s evidence in support of a retaliatory motive to be “paltry.” Concludes that summary judgment was properly granted because Sweet’s criticism of the elected clerk-treasurer was not constitutionally protected and because the record does not suggest that her speech was a motivating factor in the termination of her employment.

Thursday, Nov. 18
Court of Appeals of Indiana
Anthony Padgett v. State of Indiana (mem.dec.)
Criminal. Reverses and remands the Sullivan Superior Court’s order granting the State of Indiana’s motion for summary disposition in Anthony Padgett’s case. Finds genuine issues of material fact remain regarding whether Padgett received adequate due process at his parole revocation hearing. Remands for further proceedings consistent with the COA’s opinion.

In the Matter of: A.D. (Minor Child), Child in Need of Services, and K.T. (Father), v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the Child in Need of Services determination for A.D. Finds the Shelby Superior Court’s conclusion that DCS had met its burden to show that the child’s needs for care, treatment, or rehabilitation were unlikely to be provided or accepted without the coercive intervention of the court was not clearly erroneous.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.H. (Minor Child) and C.H. (Mother) and R.S. (Father), v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the involuntary termination of C.H. and R.S.’s parental rights to their minor child, G.H. Finds sufficient evidence to support the trial court’s conclusion that there is a reasonable probability of unchanged conditions.

Sean K. Beebout v. State of Indiana (mem. dec.)
Criminal. Affirms Sean Beebout’s Level 4 felony conviction for possession of methamphetamine and order that he serve six years with two years suspended to probation. Finds the trial court did not abuse its discretion when it did not identify his alleged remorse as a mitigating factor.

Kevin Martin v. Caseworker Ross, et al. (mem. dec.)
Civil plenary. Affirms the Madison Circuit Court’s order dismissing Kevin Martin’s complaint for failure to state a claim upon which relief can be granted, pursuant to Indiana Trial Rule 12(B)(6). Finds Martin waived his appeal for failure to comply with Indiana Rules of Appellate Procedure 46(A) and 50. Waiver notwithstanding, finds the trial court did not err when it dismissed his lawsuit.

Jennifer C. Ohda v. State of Indiana (mem. dec.)
Criminal. Affirms Jennifer Ohda’s conviction for Class A misdemeanor criminal recklessness. Finds there was substantial probative evidence and reasonable inferences drawn from the evidence that could have allowed a reasonable trier of fact to find that the State of Indiana negated Ohda’s self-defense claim beyond a reasonable doubt. Also finds she does not otherwise challenge the sufficiency of the evidence to support her conviction.

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