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Opinions Sept. 9, 2020

Indiana Court of Appeals
Michael and Mary Poore, Individually and on Behalf of J.P. v. Indianapolis Public Schools and its Board of Education
19A-CT-1439
Civil tort. Affirms in part the Marion Superior Court’s judgment in favor of Indianapolis Public schools and its Board of Education on Michael and Mary Poores’ claims for breach of contract, negligence, and violation of the Indiana Deceptive Consumer Sales Act when IPS refused to pay for their child’s advanced math class taken outside of the IPS system. Holds that the trial court did not abuse its discretion by excluding the testimony of a certain witness; IPS was not negligent because IPS did not deny J.P. the benefit of early college credits; and no valid, enforceable contract existed between IPS and the Poores requiring IPS to pay for the class. Reverses the conclusion on the DCSA and holds that IPS was not subject to the statutory requirements of the DCSA.

DOJ, AG Hill side with archdiocese in same-sex marriage fight

| Marilyn Odendahl

Claiming the judiciary cannot interfere with church matters, the U.S. Department of Justice and the Indiana Attorney General have entered the fight between the Roman Catholic Archdiocese of Indianapolis and a teacher who was dismissed from Cathedral High School in Indianapolis for being in a same-sex marriage.

Opinions Sept. 8, 2020

Indiana Supreme Court
Patrick Humphrey v. Brian Tuck, US Xpress, Inc.
20S-CT-548
Civil tort. Grants transfer and affirms the Jackson Superior Court’s entry of judgment on a jury’s $40,000 damages verdict in favor of Patrick Humphrey, and the trial court’s denial of Humphrey’s motion to correct error. Finds there was enough evidence to support giving the challenged failure-to-mitigate jury instruction.

Appeals court reinstates stabbed worshiper’s suit against Sikh temple

| Dave Stafford

A worshiper’s lawsuit against the Sikh temple where he was stabbed in a 2018 confrontation was reinstated Tuesday after the Indiana Court of Appeals found the temple had notice of an escalating factional feud over leadership. The temple also “had reason to recognize the probability or likelihood of looming harm,” the panel determined.

9/25 – The Complex History of Citizenship: Celebrate Hispanic Heritage Month (virtual)

Speaker: Dr. Dan-el Padilla Peralta Dr. Padilla Peralta will discuss a range of historical and contemporary approaches to the dilemmas of citizenship. From immigration advocacy to the Movement for Black Lives, activists in the United States and throughout the world have drawn attention to the design and institutionalization of different forms of (unequal) citizenship. Dr. […]

Bar applicants ace August 2020 exam

| Marilyn Odendahl

Indiana’s unprecedented bar exam that was reformatted and delayed until August 2020 because of the coronavirus has turned in a pass rate that tops the previous four years. Almost three-quarters of those who took the remote test passed, according to the list released Tuesday.

State police probe jail death of woman held in isolation

| Associated Press

State police are investigating the death of a mother of four who was found unresponsive last weekend in a cell at a northeastern Indiana jail where she was being held in isolation. She died after spending several days in jail after she was arrested on a warrant on a misdemeanor possession of marijuana charge, online court records show.

Ex-cop who shot Black man reaches plea on unrelated charge

| Associated Press

A white former South Bend police officer whose fatal shooting of a Black man last year roiled then-Mayor Pete Buttigieg’s presidential campaign has agreed to plead guilty to a felony charge stemming from an alleged on-duty sexual encounter he had a month before that shooting.