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Opinions July 12, 2017

Indiana Court of Appeals
James E. Saylor v. State of Indiana
39A01-1701-MI-90
Miscellaneous. Affirms the Jefferson Circuit Court’s order granting the state’s motion for judgment on the pleadings. Finds the trial court did not err in ruling on state’s Rule 12(C) motion without an evidentiary hearing. Also finds there is no error in the state’s order granting the motion for judgment on the pleadings. Finally, finds it is clear from the face of James E. Saylor’s complaint that under no circumstances could the relief he sought be granted.

Judge rules for National Lampoon, against fraudster Durham

National Lampoon will have to get in line with other victims who are owed millions after Indianapolis Ponzi scheme mastermind Tim Durham looted more than $208 million from investors in Ohio-based Fair Finance Co. Any recovery by the comedy conglomerate following a Monday court ruling is likely to assist Fair Finance victims.

State, DuPont both get partial victories in appeal of assessments

The Indiana Tax Court has granted partial summary judgment to the Indiana Department of State Revenue and a Delaware-based industrial, agricultural and manufacturing business after finding both parties erred in their filing and assessments of 2005 through 2007 tax returns.

DCS caseworker must face damages trial in illegal search suit

A federal judge ruled against a Department of Child Services case manager who illegally searched an Indianapolis veterinarian’s apartment after receiving a report of suspected child abuse or neglect. The case manager now must face a damages trial in the vet’s civil suit against her.

Sessions said to target opioid care in crackdown on fraud

Attorney General Jeff Sessions is poised to announce a major law enforcement action this week targeting health-care fraud, focusing on opioid treatment programs exploiting Obamacare insurance plans, according to two people familiar with the matter.

FBI nominee Wray pledges the `impartial pursuit of justice’

Christopher Wray pledged “the impartial pursuit of justice” if confirmed as FBI director, as senators focused on his ability to pursue investigations independently against the backdrop of revelations about a meeting the president’s son held with a Russian lawyer during last year’s campaign.

Michigan sports doctor pleads guilty in child porn case

A former Michigan State University and USA Gymnastics doctor pleaded guilty Tuesday to possessing child pornography, admitting he tried to get rid of the evidence last fall while police were investigating allegations that he had sexually assaulted young female athletes.

Judgment for police affirmed despite ‘insufficient’ abuse response

Though an Indiana sheriff’s department’s response to a woman’s multiple domestic violence claims against her boyfriend, who was a sheriff’s deputy, may have been “insufficient,” the woman failed to provide sufficient evidence to prove her claims against the department should go to trial, the 7th Circuit Court of Appeal ruled.

Opinions July 11, 2017

7th Circuit Court of Appeals
Jennifer R. Wilson-Trattner v. Robert Campbell, et al.
16-2509
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the grant of summary judgment to the defendants on Jennifer R. Wilson-Trattner’s substantive due process, failure to train and intentional infliction of emotional distress claims, based on allegations that the Hancock County Sheriff’s Department improperly responded to her complaints of domestic abuse. Finds the responding officers’ conduct did not embolden Scott Roeger to continue abusing Wilson-Trattner. Also finds Wilson-Trattner did not provide sufficient evidence to defeat the award of summary judgment on her failure to train and intentional infliction of emotional distress claims.

 

Indiana Tech disperses books from law library

A bulk of the books from the law library at the defunct Indiana Tech Law School are finding a new home at Ivy Tech Community College in Fort Wayne, while other volumes are going elsewhere.

Trump Jr. releases emails on Russian lawyer contacts

Donald Trump Jr. eagerly accepted help from what was described to him as a Russian government effort to aid his father’s campaign with damaging information about Hillary Clinton, according to emails he released publicly on Tuesday.

Mental exam ordered for Indiana mom who suffocated her kids

A judge in Fort Wayne on Monday ordered a mental competency exam for an Indiana woman who pleaded guilty but mentally ill in the suffocation deaths of her two children last year and still faces charges in the fatal shooting of a neighbor.