Opinions Oct. 3, 2022

7th Circuit Court of Appeals
Estate of Eric Jack Logan v. City of South Bend, Indiana, and Ryan O’Neill
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the U.S. District Court of the Northern District of Indiana’s grant of summary judgment in favor of former South Bend officer Ryan O’Neill. Finds the record compels a decision for O’Neill.

Court of Appeals of Indiana
Elizabeth Muncy v. BJT Express, Inc., Arka Express, Inc. d/b/a Spider Logistics, Inc., and Ninos Gorgees (mem. dec.)
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to BJT Express Inc., Arka Express Inc. d/b/a Spider Logistics Inc. and Ninos Gorgees after Elizabeth Muncy sued for injuries she sustained in a motor vehicle accident. FInds Arka Express did not commit spoliation, so Muncy is not entitled to an adverse inference regarding the amount of time Gorgees was stopped on the interstate shoulder. Also finds the undisputed designated evidence shows Gorgees did not commit a breach of duty.

State of Indiana v. Reggie D. Simmons (mem. dec.)
Criminal. Reverses the Allen Superior Court’s dismissal of charging information against Reggie D. Simmons after concluding that the state waited too long to bring Simmons to trial. Finds state demonstrated prima facie error in the trial court’s grant of Simmons’ motion for discharge. Remands for further proceedings.

Jared Michael McClaskey v. State of Indiana (mem. dec)
Criminal. Affirms Jared McClaskey’s aggregate six-year sentence for his convictions of Level 6 felony operating a motor vehicle while privileges were suspended and possession of a syringe and his admission to being a habitual offender. Finds McClaskey did not receive ineffective assistance of counsel.

In the Matter of: Ju.F., Ja.F., S.F., and K.F. (Minor Children), Children In Need of Services, J.F. v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the determination that mother J.F.’s four children are children in need of services. Finds sufficient evidence in the record for the Monroe Circuit Court’s CHINS determination.

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