Man could avoid prison in hit-and-run death of girl, 5
A northwestern Indiana man who pleaded guilty in the hit-and-run death of a 5-year-old girl could avoid prison, according to his sentence handed down Wednesday.
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2 more men charged with murder in deputy’s killing
Two more men have been charged with murder in the fatal shooting of a Boone County sheriff’s deputy.
Northern District Senior Judge Rudy Lozano dies
Senior Judge Rodolfo (Rudy) Lozano of the U.S. District Court for the Northern District of Indiana has died, the office of Northern District Clerk Robert N. Trgovich confirmed Thursday morning.
Excessive force claim to proceed against IMPD SWAT officer
A Fourth Amendment excessive force claim against an Indianapolis police officer will continue after a federal judge denied the officer’s motion for summary judgment on Tuesday. The SWAT officer is accused of assaulting a suspected drug dealer in his home after executing a no-knock warrant.
Juvenile detention center gets anti-rape accreditation
Marion County courts announced Wednesday that the Juvenile Detention Center in Indianapolis has achieved accreditation under the Prison Rape Elimination Act. PREA auditors spent two days in March at the center examining the facility, staff and records, and the center passed all 43 required standards.
Ex-Louisville players sue NCAA over vacated national title
A group of former University of Louisville men’s basketball players have sued the NCAA over the organization’s vacation of the Cardinals’ 2013 national championship and 2012 Final Four.
Judge accused of bringing gun into Chicago courthouse
A judge is charged with carrying a concealed weapon in a prohibited area after he was caught on video dropping a gun in a Chicago courthouse.
Judge awards $219K in housing discrimination lawsuit
The estate of a woman who was confined to a hospital bed and harassed by her landlord won a major victory last week in federal court that provided some rare Indiana case law on housing discrimination and, according to a fair housing advocate, will impact Hoosiers for years to come.
Indiana program to provide schools with free metal detectors
A new state program will equip Indiana schools with free handheld metal detectors next month, when most of the state’s school districts start the new academic year.
New Haven man charged in fiery June crash that killed woman
A northeastern Indiana man has been charged in a fiery June car crash that killed a passenger.
Former Mainscape CEO sentenced in nursing home kickback scheme
A fifth person who played a role in a $19 million kickback scheme involving Indiana nursing homes has been sentenced to probation. David Mazanowski, founder and former CEO of the Fishers-based landscaping firm Mainscape Inc., pleaded guilty in U.S. District Court to one felony count of conspiracy to commit mail, wire and health care fraud. […]
Judge grants Curry’s request for special prosecutor in Hill groping investigation
A Marion Superior judge has approved Marion County Prosecutor Terry Curry’s request to appoint a special prosecutor to assist the Indiana Inspector General with an ongoing investigation into groping allegations made against Indiana Attorney General Curtis Hill.
Nursing home fraud scheme’s ‘CFO’ gets 5 years in prison; lesser player gets 4 months
A federal judge on Monday sentenced Steven Ganote, a key player in the massive American Senior Communities overbilling and and kickback scheme, to five years in prison and ordered him to pay $7 million in restitution. Judge Tanya Walton Pratt also doled out punishment to Joshua Burkhart, sentencing him to four months in prison and ordering him to pay $420,000 in restitution for his role in the scheme.
Opinions July 10, 2018
Indiana Court of Appeals
Diane Seiwert and 19942 Longview Drive, LLC v. Ty Brown and Brown Roofing Co. (mem. dec.)
15A01-1707-PL-1616
Civil plenary. Affirms the Dearborn Superior Court’s judgment in favor of Ty Brown and Brown Roofing Company in the amount of $5,531.83. Finds the trial court did not err in finding that Diane Seiwert breached the parties’ contract when she instructed Brown to stop installing gutters on her home before completion and failed to pay for the work.
7th Circuit splits over plain reading of Indiana law
In a case involving an Indianapolis Metropolitan police officer trying to recoup attorney fees, a split 7th Circuit Court of Appeals illustrated that taking a plain reading of statute does not always make things clear.
ALJ erred by ‘playing doctor’ in head trauma case, 7th Circuit rules
Judges must rely on expert opinions instead of determining the significance of particular medical findings themselves, the 7th Circuit Court of Appeals ruled in a case where it found a judge “played doctor” to review limitations caused by a traumatic brain injury.
Westrick: Summer study committees to focus on health-related topics
While the list of health-related bills that took effect this year is lengthy, there is still more health-related work to be done. The Interim Study Committee on Public Health, Behavioral Health, and Human Services will meet later this summer and fall.
Hadler: Changes to CMS Nursing Home Compare provide better data
The Center for Medicare and Medicaid Services (CMS) regularly monitors and publishes comparative data for nursing homes throughout the nation. In Indiana, there are 551 facilities that receive Medicare and/or Medicaid reimbursement and are thereby subject to this regulation.
Right to hope: New law lets patients request untried drugs, but many skeptical
The federal right-to-try law passed this year after similar legislation was adopted in dozens of states, including Indiana. While the law aims to give patients hope for a new treatments or cures, it does not guarantee they will have access because drugmakers can still turn down requests for their experimental medicines.
Indiana Supreme Court approves Marion County small claims rule amendment
A request from the Marion County Small Claims Courts for amending a local rule regarding court reporter services has been approved. The Indiana Supreme Court found the proposed rule amendment, LR49-AR15-SC-106, complied with the requirements of Indiana Administrative Rule 15.