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Trump threatens military force against protesters nationwide

June 2, 2020 | Associated Press

Wielding extraordinary federal authority, President Donald Trump threatened the nation’s governors on Monday that he would deploy the military to states if they did not stamp out violent protests over police brutality that have roiled the nation over the past week. His announcement came as police under federal command forced back peaceful demonstrators with tear gas so he could walk to a nearby church and pose with a Bible.

Carmel mayor does about-face, no longer plans to sue Minneapolis to recover security costs

June 2, 2020

Carmel Mayor Jim Brainard is abruptly suspending his plans to sue the city of Minneapolis for the cost of increased security to deal with protests and threats of violence, saying his actions have been misunderstood.

After habeas win, man convicted in IU student’s murder to be freed pending appeal

June 2, 2020 | Olivia Covington

The man convicted nearly 15 years ago in the killing of Indiana University student Jill Behrman will be released from custody later this month after the same judge who granted his request for habeas relief last year also granted his bid for coronavirus-related release.

Indianapolis police, protesters march together; Hogsett extends curfew

June 2, 2020 | Indianapolis Business Journal Staff and Associated Press and IL Staff

Police and protesters negotiated a truce and walked together on Meridian Street on Monday night following a tense standoff that lasted about 30 minutes near the Governor’s Residence on Meridian Street.

Lawyers clean up, grapple with aftermath of weekend violence

June 1, 2020 | Marilyn Odendahl

Lawyers and law firms are assessing the damage and extending offers of aid after weekend protests turned violent in Indianapolis and other cities around the state. The protests and violent outbursts in Indiana and across the country were sparked by outrage over the death of George Floyd after a Minneapolis police office knelt on his neck.

Opinions June 1, 2020

June 1, 2020

7th Circuit Court of Appeals
Logan Owsley v. Mark Gorbett
19-1825
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates dismissal of Logan Owsley’s federal lawsuit contending that the Bartholomew County Sheriff and his deputies have lost or destroyed evidence that would help his late father’s estate pursue claims against who Logan claims are Cary’s putative murderers. Finds the district court properly recognized that the state court’s decision to retain Lisa Owsley as the estate’s representative is not subject to collateral attack. Finds a first issue on remand to determine is whether an access-to-courts claim can be based on an assertion that the defendants concealed or destroyed evidence that could have been relevant, had suit been filed in state court.

7th Circuit vacates dismissal of son’s federal estate dispute over father’s death

June 1, 2020 | Katie Stancombe

The 7th Circuit Court of Appeals has vacated dismissal of a federal estate lawsuit and remanded a case brought by a Bartholomew County man who claims his father’s wife and her children murdered his father.

Marion County prosecutor: No charges for nonviolent protesters

June 1, 2020 | IL Staff

Nonviolent protesters who were arrested during weekend protests in Indianapolis that turned violent will not be charged, Marion County Prosecutor Ryan Mears announced in a press release Monday.

Supreme Court declines to take Bernie Madoff trustee case

June 1, 2020 | Associated Press

The Supreme Court of the United States is leaving in place a ruling that allows the trustee recovering money for investors in the Bernard Madoff Ponzi scheme to pursue more than $4 billion that went to overseas investors.

New judge for suit seeking to remove AG Hill might come from justices

June 1, 2020 | Dave Stafford

The Marion County clerk — or maybe the Indiana Supreme Court — will have to appoint a new judge to hear a case challenging Indiana Attorney General Curtis Hill’s eligibility to continue to serve in office as he serves his suspension from the practice of law related to accusations of groping and sexual misconduct.

Supreme Court expands trial court tolling amid COVID-19 backlog

June 1, 2020 | IL Staff

The Indiana Supreme Court is taking steps to help trial courts handle the coming backlog of cases, extending certain emergency operations due to the COVID-19 public health emergency through as late as January 2021.

Supreme Court upholds Puerto Rico financial oversight board

June 1, 2020 | Associated Press

The Supreme Court on Monday upheld the oversight board established by Congress to help Puerto Rico out of a devastating financial crisis that has been exacerbated by the coronavirus outbreak, recent earthquakes and damage from Hurricane Maria in 2017. The justices reversed a lower court ruling that threatened to throw the island’s recovery efforts into chaos.

Indiana won’t change mail-in ballot deadline despite worries

June 1, 2020 | Associated Press

Indiana’s top election official on Friday rejected a request for extending the deadline for returning mail-in ballots for next week’s primary election,  despite worries that thousands of them could arrive late and go uncounted.

Ex-Indiana prisons worker charged with murder in stabbings

June 1, 2020 | Associated Press

A former Indiana Department of Correction worker is charged with murder and other offenses in the stabbing earlier this month of three people, two of them fatally, according to documents released Friday during a hearing.

EPA seeks comments on cleanup of Indianapolis Superfund site

June 1, 2020 | Associated Press and IL Staff

The federal government is seeking the public’s input on its plan to clean up groundwater contamination at a Superfund site in Indianapolis that’s tainted with chemicals used by a dry cleaning company.

SCOTUS rejects challenge to COVID-19 limits on church services

June 1, 2020 | Associated Press

A divided Supreme Court on Friday rejected an emergency appeal by a California church that challenged state limits on attendance at worship services that have been imposed to contain the spread of the coronavirus.

Minneapolis cop who knelt on George Floyd’s neck charged with murder

May 29, 2020 | Associated Press

The police officer who was seen on video kneeling on the neck of George Floyd, a handcuffed black man who died in custody after pleading that he could not breathe, was arrested Friday and charged with murder in a case that sparked protests across the United States and violence in Minneapolis.

Opinions May 29, 2020

May 29, 2020

Indiana Supreme Court
River Ridge Development Authority v. Outfront Media, LLC, David Watkins, No Moore, Inc., the Schlosser Family Limited Partnership, the Town of Utica, and the Utica Board of Zoning Appeals
19S-PL-645
Civil plenary. Reverses the Clark Circuit Court’s award of $237,440.63 in attorney fees to Outfront Media, LLC, David Watkins, No Moore, Inc., the Schlosser Family Limited Partnership, the Town of Utica, and the Utica Board of Zoning Appeals. Holds that the trial court’s decision was an abuse of discretion. Neither the common-law obdurate behavior exception nor the General Recovery Rule — both of which require a “prevailing party” — allow an award of attorney fees when a party voluntarily dismisses its complaint, as River Ridge did. The record also lacks evidence to show that River Ridge litigated in bad faith and that its conduct was calculatedly oppressive, obdurate, or obstreperous.

Appeals court again denies injunction in Lake Monroe logging case

May 29, 2020 | Katie Stancombe

The Indiana Court of Appeals has again rejected a Monroe County resident’s requested preliminary injunction that would prevent logging from taking place on land near his home.

Justices strip award of attorney fees in Utica billboard dispute

May 29, 2020 | Dave Stafford

The Indiana Supreme Court on Friday threw out an award of more than $237,000 in attorney fees in a lawsuit over seven billboards outside Utica, Indiana. Justices found the Clark Circuit Court lacked a basis for awarding fees to the parties who sued a regional development entity that sought to restrict billboards along State Road 265 just north of Louisville.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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