Councilman apologizes for calling protesters ‘uneducated’
A northeastern Indiana county councilman has apologized for calling Black Lives Matter protesters “uneducated” and lamenting that they “breed.”
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DOJ announces portal for reporting civil rights violations
| IL Staff
A new centralized website has been established by the federal Department of Justice to make it easier for people who wish to report possible civil rights violations.
Bolton critique of Trump could define tell-all book court battles
The White House fight with former national security adviser John Bolton is the latest chapter in a lengthy history of Washington book battles, yet it will likely define future cases between the U.S. government and former employees determined to write tell-alls.
Simon sues tenant Brooks Brothers, seeks $8.7M in unpaid rent
Indianapolis-based shopping mall landlord Simon Property Group has filed a lawsuit against clothing retailer Brooks Brothers that seeks more than $8.7 million in unpaid rent.
Opinions June 18, 2020
Indiana Court of Appeals
Clark-Floyd Landfill, LLC v. Ricky Gonzalez, Yvonne Gonzalez, Robert Scoles, and Tamara Scoles, on Behalf of Themselves and All Others Similarly Situated
19A-CT-2680
Civil tort. Affirms the Clark Circuit Court’s certification of Ricky Gonzalez, Yvonne Gonzales, Robert Scoles, and Tamara Scoles’ complaint against Clark Floyd Landfill, LLC as a class action. Finds, among other things, that the trial court did not apply an incorrect legal standard in determining whether to certify the class action. Also finds the trial court’s adoption of the Homeowners’ class definition is supported by substantial evidence.
COA affirms denial of mother’s premature motion to modify child custody
A mother who fought to modify custody of her two children before the court entered her dissolution decree has had her request rejected by the Indiana Court of Appeals.
Charlestown zoo barred from taking in new animals
| Associated Press and IL Staff
An embattled wildlife center in southern Indiana that’s being sued by the state and by an animal welfare group for allegedly abusing big cats and other exotic animals cannot take in new animals while that lawsuit is pending, a judge has ruled.
Appeals court remands for sentencing order to reflect not guilty verdict
A sentencing order that failed to account for a man’s not guilty verdict prompted a remand from the Indiana Court of Appeals on Thursday to fix the omission.
Class-action certification upheld in Clark County residents’ suit against landfill
A group of Clark County neighbors have prevailed in an interlocutory appeal in their proposed class-action lawsuit that claims a Jeffersonville landfill emits noxious odors and negatively impacts the surrounding residential area.
Indianapolis lawyers hosting ‘Call to Action’ for racial equality
| IL Staff
As demonstrations and calls for criminal justice reform continue nationwide, a group of Indianapolis lawyers have organized a “Call to Action” to highlight the role lawyers can play in the push for racial equality. The new organization Indy Lawyers for Black Lives will host a Juneteenth event Friday at IU McKinney School of Law.
Roncalli, archdiocese lose bid to limit discovery in fired counselor’s discrimination suit
The Indianapolis Archdiocese and an affiliated high school have once again lost a bid to limit discovery in a fired employee’s same-sex discrimination lawsuit to the question of whether the plaintiff’s claims fall under the First Amendment’s “ministerial exception.”
Lawsuit challenges IMPD actions against protesters
Indy 10 Black Lives Matter and the American Civil Liberties Union of Indiana have sued the city of Indianapolis, seeking to end the Indianapolis Metropolitan Police Department’s use of chemical weapons and projectiles against protesters.
Court rejects Trump bid to end young immigrants’ DACA protections
The United States Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, a stunning rebuke to the president in the midst of his reelection campaign.
Amid COVID-19 surge, Indiana’s LaGrange County requires face masks
A northern Indiana health department is requiring everyone to wear a mask or face covering over the mouth and nose following a steep increase of cases since Memorial Day.
US virus outbreaks stir clash over masks, personal freedom
When the coronavirus flared in China’s capital this week, Beijing canceled flights, suspended reopenings and described the situation as “extremely grave.” But with cases rising in some U.S. states, local officials have balked at even requiring people to wear masks.
Democrats pick former Evansville mayor to run for Indiana attorney general
Former Evansville Mayor Jonathan Weinzapfel has won the Democratic nomination for Indiana attorney general, the party announced Wednesday night. Weinzapfel edged state Sen. Karen Tallian in a close race and will challenge the Republican AG nominee, to be decided next month, on the November ballot.
Court strikes down Trump rule that drugmakers disclose price
In a major legal setback for President Donald Trump on a high-profile consumer issue, a federal appeals court has ruled that his administration lacks the legal authority to force drug companies to disclose prices in their TV ads.
Opinions June 17, 2020
Valonte Deshoun Smith v. State of Indiana (mem. dec.)
19A-CR-2333
Criminal. Affirms Valonte Smith’s aggregate 12-year sentence for conviction of Level 3 felony rape. Finds the Madison Circuit Court did not abuse its discretion in denying admission of certain evidence. Finds Smith has failed to meet his burden that the deputy prosecutor committed misconduct and that the trial court did not abuse its discretion in instructing the jury. Also finds sufficient evidence to support the conviction, that Smith did not receive ineffective assistance of counsel and that his sentence is not inappropriate.
COA vacates man’s post-sentence probation fees order
A panel of the Indiana Court of Appeals has vacated an order requiring a man to pay more than $300 in probation fees after concluding that it was erroneous for the trial court to accept, post-sentencing, the imposition of such fees based on a probation department memo.
3-year sentence affirmed for woman who drove after lifetime ban
A woman who was found driving in violation of the lifetime forfeiture of her driver’s license could not convince the Indiana Court of Appeals on Wednesday that her sentence was inappropriate.