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Opinions Aug. 7, 2023

August 7, 2023

7th Circuit Court of Appeals
Anna Kinney v. St. Mary’s Health, Inc., doing business as St. Vincent Evansville
22-2740
Appeal from the U.S. District Court for the Southern District of Indiana, Evansville Division.
Senior Judge Richard L. Young.
Civil. Affirms the grant of summary judgment to St. Mary’s Health Inc. on Anna Kinney’s Americans with Disabilities Act and Title VII claims. Finds no reasonable juror could find that Kinney could perform certain essential functions of her job without being present in the radiology department that she oversaw, so she was not a qualified individual for the job under the ADA, and even if she had been, the accommodation she requested was not reasonable. Also finds Kinney’s resignation was not a constructive discharge. Finally, regarding promotions Kinney applied for but did not receive, her claims did not show genuine issues of material fact.

St. Joseph probate judge Cichowicz to serve 45-day suspension without pay, with automatic reinstatement

August 7, 2023 | IL Staff

St. Joseph County Probate Judge Jason A. Cichowicz will begin serving a 45-day suspension without pay next month following the filing of a seven-count disciplinary complaint against him earlier this year.

Conservative groups sue to block Biden plan canceling $39 billion in student loans

August 7, 2023 | Associated Press

Two conservative groups are asking a federal court to block the Biden administration’s plan to cancel $39 billion in student loans for more than 800,000 borrowers.

Justice Department faces biggest test in history with election conspiracy case against Trump

August 7, 2023 | Associated Press

When the Justice Department was announcing the highest-profile prosecution in its history in Washington, Attorney General Merrick Garland was 100 miles away, meeting with local police in Philadelphia.

Supreme Court won’t block ruling favoring Native American man cited for speeding in Tulsa

August 7, 2023 | Associated Press

The U.S. Supreme Court on Friday left in place a lower court ruling that invalidated a speeding ticket against a Native American man in Tulsa, Oklahoma, because the city is located within the boundaries of an Indian reservation.

Ex-Minneapolis officer receives nearly 5 years on state charge for role in George Floyd’s killing

August 7, 2023 | Associated Press

Tou Thao, the last former Minneapolis police officer convicted in state court for his role in the killing of George Floyd, was sentenced Monday to four years and nine months — even as he denied wrongdoing.

‘Special condition’ prohibiting mental health patient from consuming alcohol, drugs during outpatient treatment not supported by evidence, COA rules in partial reversal

August 4, 2023 | Alexa Shrake

Agreeing to consider a mental health commitment case despite the patient’s release, a split Court of Appeals of Indiana has reversed the imposition of a special condition prohibiting the patient from consuming alcohol or drugs during his outpatient treatment.

Opinions Aug. 4, 2023

August 4, 2023

Court of Appeals of Indiana
In the Matter of the Civil Commitment of G.H. v. Richard L. Roudebush Veterans Affairs Medical Center
23A-MH-490
Mental health. Affirms the involuntary commitment of G.H but reverses a special condition and remands with instructions to the Marion Superior Court to strike the special condition prohibiting G.H. from consuming alcohol and drugs during his outpatient treatment Finds clear and convincing evidence supports the involuntary commitment, but insufficient evidence supports the special condition. Judge Elizabeth Tavitas concurs and dissents in part with separate opinion.

Bail Project loses appeal of denied preliminary injunction against ‘charitable bail’ law

August 4, 2023 | Daniel Carson

A split 7th Circuit Court of Appeals has affirmed a district court’s denial of The Bail Project’s motion for a preliminary injunction against a law that puts limits on whom charitable bail organizations can bail out of jail.

IN justices deny transfer to 22 cases, split in 6 denials

August 4, 2023 | IL Staff

The Indiana Supreme Court denied transfer to 22 cases for the week ending July 28, with the justices splitting in six denials. No cases were granted transfer.

IN Northern District celebrates retiring Senior Judge Miller

August 4, 2023 | IL Staff

The Indiana Northern District Court will formally present a resolution to Senior Judge Robert Miller Jr. on Friday to celebrate the renaming of one of the South Bend courtrooms in his honor ahead of his retirement this month.

judge-robert-miller-5654-print-2col.jpg

Delaware Co. man formally charged in deadly Muncie block party shooting, but not in connection with fatality

August 4, 2023 | IL Staff

The man arrested in connection with a deadly weekend shooting at a Muncie neighborhood block party has been formally charged with four felonies However, John L. Vance Jr. has not been charged in connection with the death of Joseph E. Bonner III.

Ex-employee of Carmel firm sentenced for embezzlement

August 4, 2023 | Indianapolis Business Journal Staff

A former accounting employee for a Carmel-based travel insurance business has been sentenced to almost five years in federal prison after admitting to embezzling more than $2 million from her employer.

Trump pleads not guilty to federal charges that he tried to overturn 2020 election

August 4, 2023 | Associated Press

Donald Trump pleaded not guilty Thursday to trying to overturn the results of his 2020 election loss, answering for the first time to federal charges that accuse him of orchestrating an attempt to block the peaceful transfer of presidential power.

Appeals court allows Biden asylum restrictions to temporarily stay in place as case plays out

August 4, 2023 | Associated Press

An appeals court Thursday allowed a rule restricting asylum at the southern border to temporarily stay in place.

Justice Kagan supports ethics code but says Supreme Court divided on how to proceed

August 4, 2023 | Associated Press

Justice Elena Kagan publicly declared her support for an ethics code for the U.S. Supreme Court but said there was no consensus among the justices on how to proceed, suggesting the high court is grappling with public concerns over its ethics practices.

Biden’s inaction on death penalty may be top campaign issue as Trump, DeSantis laud executions

August 4, 2023 | Associated Press

Capital punishment could emerge as a major campaign issue in the U.S. presidential race for the first time in 30 years, with top GOP rivals Donald Trump and Ron DeSantis already one-upping each other by touting tougher, more far-reaching death penalty laws.

Indianapolis officer fatally shoots fleeing motorist during brief foot chase

August 3, 2023 | Associated Press

An Indianapolis police officer fatally shot a motorist who fled on foot Thursday during a traffic stop, police said.

FBI announces 2 Indiana arrests in sex trafficking case as part of national campaign

August 3, 2023 | Daniel Carson

As part of a two-week nationwide campaign to combat sex trafficking, the FBI’s Indianapolis office announced Wednesday the arrests of two Chicago men in northern Indiana.

Officers violated federal, state constitutions in warrantless entry, searches, COA rules in reversal

August 3, 2023 | Alexa Shrake

The Court of Appeals of Indiana has reversed the denial of a defendant’s motion to suppress evidence related to his meth charge, finding the warrantless entry of his home tainted the subsequent searches and discovery of evidence.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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