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Tuesday opinions
Court of Appeals of Indiana
Derek Fingers v. Robert Carter, et al. (mem. dec.)
23A-PL-132
Civil plenary. Affirms the LaPorte Superior Court’s summary judgment in favor of Robert Carter and others. Finds there is no genuine issue of material fact that Derek Fingers failed to exhaust his administrative remedies prior to bringing his cause of action pursuant to 42 U.S.C. § 1983. Also finds the trial court properly concluded that his claims are barred.
The American Bar Association House of Delegates has concurred with the ABA’s legal education council to increase the distance education limits so a law school may grant a student up to 50% of the credit hours required for a J.D. degree via distance education.
New guidance from the Biden administration on Monday urges colleges to use a range of strategies to promote racial diversity on campus after the Supreme Court struck down affirmative action in admissions.
Fulton County District Attorney Fani Willis used Georgia’s RICO law to charge Donald Trump and 18 associates for allegedly participating in a wide-ranging conspiracy to overturn the state’s 2020 election results.
Police in Indianapolis are investigating how three people ended up dead in a car parked outside an elementary school.
A teenager who opened fire at a central Indiana middle school in 2018, wounding another student and a teacher, should go to a residential treatment center, a judge ordered Monday.
A Vincennes police officer was not acting as an agent of a store when he asked a man to leave the store’s property and later arrested him, the Court of Appeals of Indiana ruled in reversing a trial court’s conviction on a misdemeanor trespassing charge.
The Indiana Supreme Court Committee on Rules of Practice and Procedure has appointed Owen Circuit Court Judge Kelsey B. Hanlon to replace Court of Appeals of Indiana Judge Paul Felix on the committee.
Monday opinions
Court of Appeals of Indiana
Shane Willingham v. Anderson Center
23A-CT-459
Civil tort. Affirms the dismissal of Shane Willingham’s complaint. Finds the Madison Circuit Court did not err in granting Anderson Center’s motion to dismiss and dismissing without prejudice. Also finds Willingham’s claim is a medical malpractice claim and falls under the Indiana Medical Malpractice Act.
Homeownership by out-of-state investors is becoming more prevalent in the Indianapolis area and Indiana has become a top state for new single-family “build-to-rent” communities, according to a report released by the Fair Housing Center of Central Indiana.
An Indianapolis man has been sentenced to six years and five months in federal prison after pleading guilty to possessing a firearm as a previously convicted felon, the U.S. Attorney’s Office for the Southern District of Indiana announced Monday.
A complaint brought by a patient who accused a treatment facility of failing in its duty of care is covered by Indiana’s Medical Malpractice Act, the Court of Appeals of Indiana ruled in affirming a trial court’s grant of summary judgment for the facility.
A small central Kansas police department is facing a torrent of criticism for raiding a local newspaper’s office and the home of its owner and publisher, seizing computers and cellphones.
The relaunching and rebranding of the nationwide suicide prevention line as 988 — designed to be a mental health counterpart to 911 emergency services — arrived amid a year of record-high suicide deaths, according to provisional federal data.
Even President Joe Biden has some regrets about the name of the Inflation Reduction Act: As the giant law turns a year old on Wednesday, it’s increasingly clear that immediately curbing prices wasn’t the point.
The names, addresses, case numbers and Medicaid numbers of more than 744,000 Hoosiers on Medicaid were exposed in a contractor’s late May security breach, Indiana’s Family and Social Services Administration announced Friday.
Court of Appeals of Indiana
L.T. Garrett v. Nissan of Lafayette, LLC
22A-CT-2583
Civil tort. Reverses the Bartholomew Circuit Court’s grant of summary judgment in favor of Nissan of Lafayette. Orders the trial court to vacate that judgment. Rejects Nissan of Lafayette’s cross-appeal contending that the trial court erred when it declined to rule that a set of requests for admission should be deemed admitted. Finds the designated evidence is insufficient to allow the trial court to conclude that Garrett’s reliance on the verbal representations of the dealership was unreasonable as a matter of law. Remands the case for further proceedings.
A man whose motions to change the judge in his post-conviction relief case have been denied failed to demonstrate the judge would be biased against him, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
The Court of Appeals of Indiana has ordered a trial court to award attorney fees to a woman who successfully fought her neighbor’s nuisance claim.
One week after issuing an order suspending St. Joseph Probate Judge Jason A. Cichowicz for 45 days, the Indiana Supreme Court has issued an opinion explaining its rationale, writing that the judge’s misconduct seemed to be “willful.”
