Hill speaks at DOJ’s Human Trafficking Summit
Indiana Attorney General Curtis Hill spoke Friday at the Department of Justice’s Human Trafficking Summit, where he touted the state’s increased focus on the issue.
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Panel recommends 6-day suspension for Blackford judge
A state panel has recommended that an Indiana trial court judge be suspended for six days without pay, following charges filed by the Indiana Judicial Qualifications Commission pertaining to a dispute with the former county clerk.
Opinions Feb. 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.