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Opinions Feb. 12, 2019

7th Circuit Court of Appeals
Danny Ray v. Nancy Berryhill
18-2229
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Matthew P. Brookman.
Civil. Vacates the denial of supplemental security income and disability insurance benefits to Danny Ray, finding an administrative law judge erroneously discredited Ray, failed to treat his prior job as “composite,” and improperly assessed his functional abilities compared to the job requirements for a bus monitor in the general economy. Remands to the U.S. District Court for the Southern District of Indiana with instructions to remand the case to the Social Security Administration for further proceedings.

Nexlink must face fired worker’s sex harassment retaliation claim

Nexlink, a “solutions provider” for AT&T, has lost its bid for summary judgment and must face a former employee’s claims that she was terminated in fired for filing a sexual harassment complaint against a former supervisor when she previously worked at AT&T.

Mandatory e-filing now required in Lake County

Lake County has transitioned to mandatory electronic filing, making it the first to do so in 2019. Just seven Indiana counties remain to adopt e-filing in their trial courts.

Lake Michigan public access bill advances; SCOTUS to confer on appeal

A bill that defines the shore of Lake Michigan as belonging to the public and spells out public recreational uses of the shoreline has moved to the full Indiana Senate. Meanwhile, a petition seeking to privatize Indiana’s Great Lakes beaches will be before justices of the Supreme Court of the United States this week.

Mass. woman begins jail sentence for texting-suicide conviction

A Massachusetts woman who sent her suicidal boyfriend a barrage of text messages urging him to kill himself was jailed Monday on an involuntary manslaughter conviction nearly five years after he died in a truck filled with toxic gas.

Opinions Feb. 11, 2019

The following 7th Circuit Court opinion was posted after IL deadline Friday.
Ronnie L. Winsted, Jr. v. Nancy A. Berryhill
18‐2228
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Magistrate Judge Mark J. Dinsmore.
Civil. Remands the denial of Ronnie Winsted’s application for disability insurance benefits and supplemental security income. Finds the administrative law judge did not consider Winsted’s difficulties with concentration, persistence, and pace. Finds the ALJ did not adequately explain how the limitations he placed on Winsted’s residual functional capacity accounted for his concentration-functioning difficulties. Remands to the Social Security Administration.

Tax Court affirms reduced Jeffersonville Meijer assessment

The Clark County assessor has lost her appeal of a determination that lowered the assessed value of a Jeffersonville Meijer store when the Indiana Tax Court found she failed to prove the decision was contrary to law, unsupported by substantial evidence, or was an abuse of discretion.

COA: Stolen used tires of value; theft conviction affirmed

The Indiana Court of Appeals affirmed a woman’s conviction for stealing used tires from an Avon auto dealership when it found the tires were of value because they presented a liability to the dealership if used without authorization.

COA affirms child molesting conviction, sentence

A Carroll County man’s sentence of 40 years in prison for molesting his girlfriend’s 7-year-old daughter was upheld Monday. An appellate panel rejected his arguments that evidence from the victim’s exam was wrongly excluded and that his sentence was inappropriate, among others.

Court erred in setting defender fee, skipping indigency hearing

A woman convicted of misdemeanor disorderly conduct after police came on her property and arrested another person was wrongly ordered to pay an inflated public defender fee without the trial court first determining whether she was able to pay.

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