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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.

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.