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Opinions April 6, 2021

Indiana Court of Appeals
The City of Bloomington, et al. v. Andrew Guenther, et al. (mem. dec.)
20A-MI-1900
Miscellaneous. Affirms the denial of the motion to dismiss filed by the city of Bloomington, Mayor John Hamilton, Christopher Cockerham and Nicholas Kappas, which challenged the amended verified complaint for declaratory judgment and writ of quo warranto filed by William Ellis and Andrew Guenther in reference to a Planning Commission appointment. Finds the petitioners have stated sufficient facts to demonstrate that they have standing to bring their complaint for declaratory judgment and request for a writ of quo warranto. Also finds the Monroe Circuit Court did not err in denying the motion to dismiss.

Juvenile justice bill headed to Indiana House floor

| Marilyn Odendahl

The juvenile justice bill that national organizations say Indiana needs to ensure its children can move past the “poor decisions made during their childhood” is scheduled to arrive Tuesday on the Indiana House floor after two committees in the lower chamber voted unanimously in support of the measure.

Amid accusations, Lake, St. Joseph judicial nominating bill passes Senate

| Dave Stafford

The Indiana Senate approved a bill reducing local attorney input into who serves on the judicial nominating commissions for Lake and St. Joseph counties Monday despite objections from Democratic senators, one of whom insinuated the changes were triggered by anonymous complaints from candidates who had lost out on judge appointments.

Opinions April 5, 2021

Indiana Court of Appeals
Dawn Riddle and Matthew Riddle v. Syed J. Khan, Chaitanya Chekkilla, and Christopher H. Scruton
20A-PL-1441
Civil plenary. Affirms the grant of summary judgment to Dr. Syed J. Khan, Dr. Chaitanya Chekkilla and Christopher J. Scruton on the claim brought by Dawn and Matthew Riddle under 42 U.S.C. § 1983 for allegedly treating the Riddles’ children without permission. Finds undisputed evidence from which the Tipton Circuit Court could have determined the Riddles were aware of Khan’s alleged violations, which fell outside the statute of limitations period, and Khan’s actions were not part of a continuing wrong that extended the statute of limitations period as to him. Also finds Scruton was not entitled to summary judgment on the statute of limitations period, but because there was no material evidence showing he joined or conspired with the Indiana Department of Child Services to deprive the Riddles of their constitutional rights and no dispute of material fact that he actually deprived them of a constitutionally protected right, he was entitled to summary judgment on those grounds. Finally, finds the Riddles have not presented or designated evidence to establish that Chekkilla was a state employee or that she conspired or joined with any state officials to deprive the Riddles of their constitutional rights of any kind.

Indiana lawmakers amend environment bills as deadlines near

| Associated Press

Dozens of amendments to bills affecting Indiana environmental policy have sparked debate among lawmakers as the Legislature enters its final stretch of the session. The proposed changes arrive as members of the General Assembly decide whether the state should adopt greener initiatives or scale back current policy protecting water, energy and other resources.