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Opinions Feb. 5, 2018

February 5, 2018

Indiana Court of Appeals

Fort Wayne Community Schools and Jacalyn Butler v. Steffanie Haney, for next friend and minor daughter, M.H.
02A03-1708-CT-1829
Civil tort. Reverses the partial denial of Fort Wayne Community Schools and Jacalyn Butler’s motion for summary judgment on Steffanie Haney’s complaint alleging battery against her daughter M.H. and a violation of M.H.’s Fourth Amendment rights. Finds Fort Wayne Community Schools was entitled to summary judgment on the state law battery tort claim because as a matter of law, Butler’s alleged conduct falls within the scope of her statutory qualified immunity as a teacher managing a classroom. Also finds Haney failed to show Butler’s conduct could have violated a clearly established right. Remands.

COA traveling to Vermillion County

February 5, 2018

The Indiana Court of Appeals will travel to Vermillion County this week to hear oral arguments in a case challenging a resisting law enforcement conviction.

Probate question to come before Supreme Court

February 5, 2018

Oral arguments before the Indiana Supreme Court this week will focus on the question of when family members can enter into settlement agreements regarding the distribution of an estate’s assets.

COA grants summary judgment to teacher, school corporation

February 5, 2018

A Fort Wayne mother’s claims of battery and constitutional violations against her daughter, a first-grader, will not proceed after the Indiana Court of Appeals ruled the teacher and school corporation were entitled to summary judgment on those claims.

Hill Fulwider dissolves, yielding two new firms

February 5, 2018

The Hill Fulwider law firm in Indianapolis has dissolved just shy of its 37th year. Its nine former attorneys reorganized into two new firms or joined existing ones.

Excessive force case will proceed against officer who shot unarmed robbery suspect

February 5, 2018

An excessive force claim against a Fort Wayne police officer who shot an unarmed robber will continue after the U.S. District Court for the Northern District of Indiana denied the officer’s motion for summary judgment.

Fed approve HIP work requirement, drug treatment

February 5, 2018

Drug treatment is now covered for Indiana Medicaid recipients, but some enrolled in the Healthy Indiana Plan will be subject to a work requirement, Gov. Eric Holcomb said Friday.

Push for merging small Indiana townships nears House vote

February 5, 2018

Hundreds of Indiana’s least-populated townships face forced mergers with their neighbors in what would be the most significant overhaul of the local governments since a gubernatorial commission called for their elimination a decade ago.

Former sports doctor Nassar sentenced to 40 to 125 years in prison

February 5, 2018

The former sports doctor whose serial sexual abuse of girls and young women upended the gymnastics world was sentenced Monday to a third prison term of 40 to 125 years behind bars for molesting young athletes at an elite Michigan training center.

Judge to rule on motion to dismiss prisoners’ labor trafficking, ADA claims

February 5, 2018

Prisoners in the New Castle Correctional Facility’s Mental Health Unit are fighting a motion to dismiss their complaint against the private contractor that operates the facility, alleging they sufficiently pleaded facts to support their claims of involuntary servitude, peonage and labor trafficking.

IRS: 26 sentenced in Indiana last year on federal tax violations

February 2, 2018

A total of 26 people were sentenced for criminal federal tax violations in Indiana in 2017, according to the Internal Revenue Service Criminal Investigation Division. Agents said $2.5 billion in fraud was identified and boasted a 91.5 percent conviction rate.

House Republicans release partisan memo on Russia probe

February 2, 2018

House Republicans on Friday released a partisan and bitterly disputed memo that they say shows surveillance abuses in the early stages of the FBI’s investigation into the Trump campaign and Russia.

Opinions Feb. 2, 2018

February 2, 2018

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

Heraeus Kulzer, GmbH v. Biomet, Inc., et al., and Esschem, Inc.
17-1674
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the denial of Heraeus Kulzer’s three motions to modify the district court’s protective orders in his case against Biomet, Inc. Finds the 7th Circuit lacks jurisdiction to review the first two orders because Heraeus Kulzer failed to timely appeal those orders. Also finds the district court did not abuse its discretion in denying Haraeus Kulzer’s request to impose restrictions on Biomet’s internal use of the documents it produced subject to the third protective order.

Fair Housing suit alleges racial discrimination after foreclosures

February 2, 2018

A national coalition of fair housing advocates has filed a complaint in federal court alleging intentional and discriminatory violations of the Fair Housing Act of 1968 against minority communities across the country, including communities in Indiana.

Fair Housing suit alleges racial discrimination after foreclosures

February 2, 2018

A national coalition of fair housing advocates has filed a complaint in federal court alleging intentional and discriminatory violations of the Fair Housing Act of 1968 against minority communities across the country, including communities in Indiana.

COA denies parental privilege defense, upholds father’s battery conviction

February 2, 2018

The defense of parental privilege did not apply to a man accused of battering his 14-year-old son because the evidence in the case could support a conclusion that the father’s actions were inspired by anger, the Indiana Court of Appeals ruled in a Friday opinion.

COA reverses grant of specialized driving privileges in Noble County

February 2, 2018

A northern Indiana man whose driving privileges were suspended for life in Noble County must petition the court in that county for specialized driving privileges, the Indiana Court of Appeals has ruled.

German company loses appeal of denial of protective order modification

February 2, 2018

The 7th Circuit Court of Appeals has ruled against a German company seeking to modify a protective order that kept confidential certain discovery documents used in European trade secrets litigation, finding the company failed to show good cause to modify the order.

ADA complaint against IPS will continue

February 2, 2018

A federal lawsuit alleging Indianapolis Public Schools failed to accommodate a former employee’s disability will proceed in the U.S. District Court for the Southern District of Indiana after a judge partially denied IPS’ motion to dismiss.

Dispute over mining regulations comes to standstill

February 2, 2018

A dispute between southwestern Indiana residents and Alcoa Corp. over local mining regulations has come to a standstill.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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