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Opinions Dec. 7, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday.

7th Circuit Court of Appeals
Sachin Gupta v. Chad Melloh and City of Indianapolis
18-cv-00427
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the summary judgment awarded to police officer Chad Melloh and the city of Indianapolis on an excessive force complaint made by Sachin Gupta. Finds a factfinder is needed due to material disputes. Finds the Southern District Court also erred in awarding summary judgment on additional claims made by Gupta. Remands to the district court for further proceedings.

Justices deny 19 petitions to transfer

| IL Staff

The Indiana Supreme Court has denied 19 cases on petition to transfer, rejecting a handful of cases involving medical malpractice, school threats and sentence modifications.

State loses bid to depose hospital in abortion lawsuit

| IL Staff

The state will not get to depose a Philadelphia hospital as part of one of Indiana’s multiple abortion-related lawsuits after a federal judge overruled the state’s objection to the grant of the hospital’s motion to quash.

Opinions Dec. 6, 2021

Court of Appeals of Indiana
Roy Michael Johnson v. Samantha A. Johnson
21A-DN-1003
Domestic relations no children. Affirms in part and reverses in part the Hancock Circuit Court’s dissolution of marriage for Roy Johnson and Samantha Johnson. Remands with instructions for the trial court to remove the husband’s accumulated leave from the marital pot, award the wife all of the husband’s pension’s survivor benefits, clarify whether it is awarding Samantha attorney fees, and recalculate and re-determine a just and reasonable division of the marital estate. Finds the trial court clearly erred by including Roy’s accumulated leave in the marital pot but did not err by excluding the college loans executed after the date of filing. Also finds no abuse of discretion in determining that an unequal division of the marital estate in Samantha’s favor was just and reasonable.

COA reinstates landlords’ tort claims against Hammond

| Jordan Morey

A lawsuit against the city of Hammond brought by a group of corporate property landlords has been reinstated after the Court of Appeals of Indiana found the Lake Superior Court erred when it ruled their tort claims were filed in an untimely manner.

Marion County prosecutor drops death penalty for man accused of murdering Southport police officer

| Marilyn Odendahl

The Indianapolis man accused of killing a Southport police officer is no longer facing the death penalty after the Marion Superior Court accepted an agreement Friday reached by defense attorneys and the Marion County Prosecutor’s Office, which dropped the potential for capital punishment in exchange for a bench trial that could result in the defendant being sentenced to life in prison.

Opinions Dec. 3, 2021

Court of Appeals of Indiana
Jennifer Reinoehl and Jason Reinoehl v. St. Joseph County Health Department, Dr. Robert M. Einterz, Dr. Mark D. Fox, and Penn-Harris-Madison School Corporation
21A-CT-433
Civil tort. Affirms the St. Joseph Circuit Court’s dismissal of Jennifer and Jason Reinoehl’s lawsuit filed against the St. Joseph County Health Department, health officers Dr. Robert M. Einterz and Dr. Mark D. Fox, and Penn-Harris-Madison School Corporation. Finds the trial court did not err in dismissing the Reinoehls’ numerous claims.