State suspends new assisted living center certifications
The Family and Social Services Administration has announced a moratorium on the certification of any new assisted living, adult day service or adult family care providers until further notice.
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7th Circuit’s Williams joins Jones Day
Seventh Circuit Court of Appeals Senior Judge and Notre Dame Law School graduate Ann Claire Williams has joined Jones Day to lead the international law firm’s effort in advancing the rule of law in Africa.
Opinions Jan. 24, 2018
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
William Hurt, Deadra Hurt and Andrea Hurt v. Matthew Wise, et al.
17-1771, -1777
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Affirms in part the denial of qualified immunity to the Evansville and Kentucky State police departments and individual officers. Reverses the denial of qualified immunity to officers William Arbaugh and Jason Pagett on Deadra Hurt’s malicious prosecution claim. Finds the district court properly denied qualified immunity. Also finds Arbaugh and Pagett were entitled to qualified immunity on the malicious prosecution claim. Also finds the district court should have eliminated the substantive due process theory.
7th Circuit: Suit against Evansville, Kentucky police may proceed
A federal complaint alleging coercion, constitutional violations and falsification at the hands of Evansville and Kentucky police officers investigating a murder will continue after the 7th Circuit Court of Appeals determined qualified immunity was not appropriate for certain claims against the officers.
Applications open for coming Court of Appeals vacancy
Northern Indiana judges and lawyers may now apply to succeed long-serving Indiana Court of Appeals Judge Michael Barnes, Indiana Chief Justice Loretta Rush announced Wednesday.
Gymnastics doctor sentenced to 40 to 175 years in prison
The former sports doctor who admitted molesting some of the nation’s top gymnasts for years under the guise of medical treatment was sentenced Wednesday to 40 to 175 years in prison by a judge who proudly told him, “I just signed your death warrant.”
Fruits of poisonous tree reverse child molesting convictions
A Blackford County man who admitted to molesting two children living in his apartment will have his convictions reversed after the Indiana Court of Appeals determined his incriminating statements were inadmissible under the fruits of the poisonous tree doctrine.
Trump aides questioned in Russia probe, Trump may be up soon
Attorney General Jeff Sessions was questioned for hours in the special counsel’s Russia investigation, the Justice Department said, as prosecutors moved closer to a possible interview with President Donald Trump about whether he took steps to obstruct an FBI probe into contacts between Russia and his 2016 campaign.
Kentucky lawyer last of gymnastics doctor’s victims to testify
One of the first athletes to accuse Larry Nassar of sexual assault confronted him Wednesday in a Lansing, Michigan, courtroom where the former sports doctor was due to be sentenced for years of molesting Olympic gymnasts and other young women.
Judiciary Committee schedules vote on Sweeney for Southern District
The U.S. Senate Committee on the Judiciary is scheduled to vote Thursday on the nomination of James Sweeney II to the U.S. District Court for the Southern District of Indiana.
Senate approves new judges for Putnam, Kosciusko counties
As judicial resources continue to be stretched thin across Hoosier courtrooms, the Indiana Senate has approved two measures that would provide relief for two Indiana counties.
Senate committee passes billing legalizing sale of CBD oil
A bill that would allow Hoosiers to purchase a marijuana-derived product over-the-counter from any retailer is headed to the full Senate floor.
Opinions Jan. 23, 2018
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Talal S. Hamdan, M.D. v. Indiana University Health North Hospital, Inc.
16-1074
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the jury verdict in favor of Indiana University Health North Hospital, Inc. on Dr. Talal Hamdan’s racial discrimination claim. Finds the district court did not abuse its discretion in allowing the hospital to ask him impeachment questions relating to his prior work at other hospitals.
7th Circuit remands case for resentencing, pro se hearing
The Indiana Southern District Court must resentence an Indianapolis man convicted of possessing ammunition as a felon after the 7th Circuit Court of Appeals determined the district court did not adequately inquire into whether the man wanted to proceed pro se.
COA affirms dismissal of malpractice suit against Barnes
A South Bend-based staffing company has failed to state a claim for relief in its legal malpractice complaint against Barnes & Thornburg LLP, the Indiana Court of Appeals ruled in a Tuesday opinion upholding the dismissal of the complaint against the law firm.
COA upholds $9 million judgment for man injured in crash
The Indiana Court of Appeals has upheld a $9 million verdict in favor of a man injured in a motorcycle crash after determining a proffered jury instruction on damages was not erroneous.
Wisconsin’s 7th Circuit nominee to appear before Judiciary Committee
The Senate Judiciary Committee is scheduled to consider Wednesday the nomination for the longest vacancy in the federal judiciary — the Wisconsin seat on the 7th Circuit Court of Appeals. Michael Brennan, former Wisconsin state court judge and ally of Gov. Scott Walker, is scheduled to appear before the U.S. Senate Committee on the Judiciary at 10 a.m.
IndyBar: 2018 — The Year of the Short Session and the Distinguished Lawyer-Legislator Luncheon
If you are even a little bit curious about a specific bill or the legislative process, please join us for the Lawyer-Legislator Luncheon. In my biased opinion, it is the best legislative CLE around!
IndyBar: Meet the IBF President
Who’s the new Indianapolis Bar Foundation president? We sat down with Rebecca Geyer to give you an exclusive peek inside the mind of the IBF’s newest leader! Check it out.
7th Circuit affirms judgment in favor of IU Health
A former Indiana University Health doctor who sued IU Health North for failing to stop alleged racial discrimination has lost his appeal before the 7th Circuit Court of Appeals, with the federal panel finding the district court did not abuse its discretion during the trial, so the verdict in favor of the hospital was valid.