Friends, family remember South Bend man fatally shot by police
Friends and family of a man fatally shot by police in South Bend are recalling him as caring and thoughtful.
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Northern Indiana couple charged with animal cruelty
A northern Indiana couple is facing animal cruelty charges after authorities say three dozen dogs were found living in deplorable conditions at their rural property.
Lawyer: Judge charged after shot in fight ready for legal process
A southern Indiana judge who faces felony battery charges stemming from a May 1 fight outside a fast-food restaurant in which he and another judge were shot and wounded is “prepared to proceed through the legal process.”
Lawyer: Judge charged after shot in fight ready for legal process
A southern Indiana judge who faces felony battery charges stemming from a May 1 fight outside a fast-food restaurant in which he and another judge were shot and wounded is “prepared to proceed through the legal process.”
Opinions July 1, 2019
The following opinions were posted after IL deadline Friday.
7th Circuit Court of Appeals
John Doe v. Purdue University et al., 17-3565
Appeal from the U.S. District Court for the Northern District Court of Indiana, Hammond Division
Magistrate Judge Paul Cherry.
Civil tort. Reverses dismissal of John Doe’s lawsuit against Purdue University. Doe sued Purdue after he was suspended for one year and was forced to resign from the Navy ROTC program following the university’s investigation into allegations that he sexually assaulted a female student. The 7th Circuit found Doe pleaded facts sufficient to state a claim under both the 14th Amendment and Title IX of the Education Amendments Act of 1972. Remands for proceedings.
Justices suspend 2 Indianapolis attorneys, Tennessee lawyer
Three attorneys licensed to practice law in the Hoosier state were suspended late Friday by the Indiana Supreme Court, including one who was convicted of felony drunken driving.
Kokomo, Vincennes attorneys disciplined for mismanaging trusts
Two Indiana attorneys have been suspended from the practice of law for mismanaging and overdrafting their trust accounts, Indiana Supreme Court justices announced in separate orders.
House boosts LSC funding without key Hoosier’s vote
The appropriations bill that included a significant boost in funding to the Legal Service Corp. passed through the U.S. House of Representatives without the vote of a key advocate of civil legal aid who said the measure contained too many “poison pills” and was impossible to support.
DCS director claims lawsuit is ‘misleading and harmful’
Claiming outside advocates were relying on “an inflammatory and outdated account,” Indiana Department of Child Services director Terry Stigdon released a video statement Monday in response to the lawsuit filed last week charging the state agency with inflicting further harm on children entering the foster care system.
7th Circuit reinstates student case against Purdue in sexual assault case
Finding dismissal was premature, the 7th Circuit Court of Appeals has reinstated a lawsuit against Purdue University brought by a male student accused of sexual assault.
Tax Court reverses denial of Goshen library budget for $60 overage
The Indiana Tax court has reversed a decision that cut a Northern Indiana public library’s funding after it was found to be $60 over budget for the 2018 tax year. The tax court ruled the Department of Local Government Finance abused its discretion in its decision.
Indianapolis attorney Bennett ends tenure as Election Commission chair
Indianapolis attorney Bryce Bennett, a founding partner with Riley Bennett & Egloff, has resigned as chair of the Indiana Election Commission effective Monday, according to a statement from the firm. Bennett has served two four-year terms under his appointments from Govs. Mitch Daniels, Mike Pence and Eric Holcomb.
Civil forfeiture case back before Indiana justices on SCOTUS remand
For the third time in three years, Marion resident Tyson Timbs took his case before a Supreme Court. The man whose name became noted civil forfeiture caselaw said after arguments Friday, “I feel like I stand for something now.”
Decades in prison for man who killed Indianapolis clerk
A man who pleaded guilty to killing an Indianapolis store clerk during a robbery in 2014 has been sentenced to 52 years in prison.
Allen County commissioners vote to ban swingers clubs
Commissioners in northeastern Indiana’s Allen County have voted to implement rules that would prohibit swingers clubs and other businesses involving live sex acts.
Many new Indiana laws take effect today
Several new state laws take effect Monday, from a required high school state government test to allowing wrongfully incarcerated individuals to collect $50,000 a year.
Judge blocks Indiana law banning second-trimester abortion procedure
A federal judge late Friday issued an injunction blocking a new Indiana law from taking effect that would have prohibited the most common procedure used to perform second-trimester abortions. Senior Judge Sarah Evans Barker’s 53-page order blocks enactment of House Enrolled Act 1211, which she noted banned “an abortion procedure known to medicine as ‘dilation and evacuation’… and referred to by its political opponents as ‘dismemberment abortion.’”
Opinions June 28, 2019
The following opinions were posted after IL deadline Thursday.
7th Circuit Court of Appeals
Division Six Sports, Inc. v. Finish Line, Incorporated
19-1070
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Sarah Evans Barker.
Civil. Affirms the Southern District Court’s dismissal of an alleged breach of contract case between Division Six Sports, Inc. and The Finish Line, Inc. for failure to state claim, holding the contract was not in force at the time of the alleged breach. Finds the agreement and its amendments are not ambiguous and the plain language did not provide for any extension after the end of 2013. Finds the district court properly dismissed the action.
Judicial Qualifications Commission moves to suspend judge charged in Indianapolis shooting
The Indiana Commission on Judicial Qualifications has filed a motion to suspend Clark Circuit Judge Andrew Adams with pay following his Friday indictment on charges related to a downtown Indianapolis shooting he was involved in earlier this year. The commission filed a Notice of Criminal Charges and Request for Suspension seeking Adams’ suspension immediately upon learning of the felony indictment.
Attempted murder conviction vacated for double jeopardy violation
Though there was sufficient evidence to uphold an attempted murder conviction after a Tippecanoe County driveway shooting, the conviction was nevertheless reversed Friday on double jeopardy grounds.