Courts warn of fake jury duty calls seeking financial data
State courts are warning of phone scams in which callers allege a penalty for missing jury duty can be resolved by providing financial information to pay a fine.
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Performance of desegregation, busing case to celebrate Black History Month
The U.S. District Court for the Southern District of Indiana will host a dramatic interpretation performance of the Indianapolis Public Schools’ historic desegregation and busing case as part of February’s Black History Month Celebration.
7th Circuit: Gunman’s reach for weapon nullifies excessive force claim
A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.
Opinions Feb. 6, 2014 ILD
Indiana Court of Appeals
Charlotte N. McGill v. State of Indiana (NFP)
73A01-1305-CR-217
Criminal. Affirms convictions of one count each of Class D felonies fraud and theft.
Wilfrido Garcia v. State of Indiana (NFP)
03A01-1306-CR-284
Criminal. Affirms sentence for Class C felony carrying a handgun without a license.
M.B. v. A.V. (NFP)
41A04-1305-JP-257
Juvenile. Affirms modification of child support owed by A.V.
Thomas D. Dillman v. State of Indiana (NFP)
53A04-1306-CR-302
Criminal. Reverses denial of motion for release of bond and remands for further proceedings.
Scotwood Industries, Inc. v. David Meats (NFP)
29A05-1305-SC-229
Small claims. Reverses product liability judgment against Scotwood Industries in favor of Meats.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Feb. 6, 2014
Indiana Supreme Court
Veolia Water Indianapolis, LLC, City of Indianapolis, Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc., et. al.
49S04-1301-PL-8
Civil plenary. Holds that a private, for-profit company under the circumstances of this case is not entitled to common law sovereign immunity from liability for damages resulting from a fire that destroyed a Texas Roadhouse restaurant. Accordingly, affirms the trial court’s rulings that Veolia is not entitled to common law sovereign immunity and that the city is not entitled to statutory sovereign immunity from liability for damages resulting from an inadequate water supply in the hydrants near the restaurant. The city is entitled to common law sovereign immunity, so reverses holding that the city is not entitled to common law sovereign immunity.
For-profit Veolia Water not entitled to common law sovereign immunity
The Indiana Supreme Court held Thursday that for-profit, private company Veolia Water is not entitled to common law sovereign immunity from liability for damages resulting from a fire that destroyed an Indianapolis Texas Roadhouse restaurant in 2010.
Southern District local rules changing Feb. 10
The U.S. Bankruptcy Court for the Southern District of Indiana has amended its local rules and those changes will take effect Feb. 10.
Court finds interview is not a violation of professional conduct rules
A federal magistrate in Hammond has ruled there were no violations of the Indiana Professional Rules of Conduct when defense counsel interviewed a potential witness in preparation for trial after discovery had closed.
Reprimand issued for ALJ in IURC-Duke scandal
A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.
Opinions Feb. 5, 2014 ILD
Indiana Court of Appeals
Steven Winters v. State of Indiana (NFP)
49A02-1307-CR-630
Criminal. Affirms conviction of Class B misdemeanor battery.
Christopher King v. Karen Patrick (NFP)
49A02-1305-PL-461
Civil plenary. Affirms King’s conversion conviction and the calculation of damages.
Alexander Trueblood v. State of Indiana, County of Marion, City of Indianapolis (NFP)
49A02-1210-OV-868
Ordinance violation. Affirms speeding infraction.
Posted after IL deadline Tuesday:
In Re the Involuntary Termination of the Parent-Child Relationship of T.S., C.S., and I.S.: S.R. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)
49A04-1307-JT-354
Juvenile. Affirms termination of parental rights.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Opinions Feb. 5, 2014
7th Circuit Court of Appeals
Kendale L. Adams, et al. v City of Indianapolis
12-1874
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. In a consolidated appeal, affirms entry of summary judgment for the city on the officers’ disparate-treatment claims because the plaintiffs had not produced any evidence that using the test results to make promotions was a pretext for discrimination. Affirms dismissal of new claims brought as barred by res judicata because the same eligibility list generated by the testing process was at issue in the first case.
COA: Lifetime suspension of driving privileges is not a punishment
The Indiana Court of Appeals rejected a man’s claim that his lifetime suspension of driving privileges is cruel and unusual punishment, upholding the suspension. They held the suspension is not punitive.
Special prosecutor sought in Clark County Drug Court matter
Problems in a southern Indiana drug court – including the jailing of multiple people for months without due process – have led to a formal request for a special prosecutor.
COA replaces opinion on post-conviction ruling with corrected version
Acknowledging that the state is correct when it claims the Indiana Court of Appeals relied on the wrong Supreme Court decision in affirming the denial of a petition for post-conviction relief, the appellate court issued a new opinion Wednesday.
Senator steers clear of beer wholesaler legal battle
The Indiana Legislature won't interfere with beer wholesaler Monarch Beverage Co.'s quest in federal court for the right to distribute liquor.
Court prevents mother from relocating to Hawaii with daughter
The Indiana Court of Appeals agreed with a trial court Wednesday that it is not in the best interests of a child to move to Hawaii with her mother and stepfather.
7th Circuit rules for city on discrimination claims brought by black officers, firefighters
The 7th Circuit Court of Appeals has affirmed summary judgment for the City of Indianapolis in two lawsuits brought by dozens of black police officers and firefighters over the examination process used by the city for promotions.
Ruling prevents county from subrogating damages after courthouse fire
The Indiana Court of Appeals Tuesday adopted the “majority approach” in a waiver of subrogation issue and concluded a southern Indiana county waived its right to subrogate any and all claims covered by its property insurance. Jefferson County sued contractors after its courthouse caught fire during renovations in 2009.
Man is first charged under federal human trafficking law
U.S. Attorney Joe Hogsett announced Tuesday that his office has filed a nine-count federal indictment against an Indianapolis man for human trafficking. These are first-of-a-kind charges in Indiana, according to the U.S. Attorney’s Office in the Southern District of Indiana.
Southern District courts delay opening Wednesday
All locations of the United States District Court, Bankruptcy Court and Probation Office for the Southern District of Indiana will delay opening until noon local time. The delayed schedule is due to the winter storm approaching Indiana Tuesday evening.