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Opinions Feb. 7, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Terry Davis v. David Mason and Blake Thrasher
16-2707
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Vacates the district court’s grant of summary judgment in favor of prison guards David Mason and Blake Thrasher on Terry Davis’ claims they violated his Eighth Amendment rights. Finds the evidence in the summary judgment record does not clearly show Davis failed to exhaust available administrative remedies. Remands for further proceedings.

Suit from truck driver shot by Merrillville police proceeds

The town of Merrillville and one of its police officers lost their bid for summary judgment on a truck driver’s excessive force claim after a district court judge determined questions of fact exist as to whether the officer was justified in shooting the driver during an altercation.

Summary judgment vacated for prison officers accused of beating prisoner

The 7th Circuit Court of Appeals has vacated summary judgment for two correctional officers accused of attacking a prisoner unprovoked, determining the evidence could support the inference that the prisoner did all he could to exhaust his administrative remedies, yet was prevented from doing so.

COA reverses restitution for public transportation, pain and suffering

An Indiana trial court abused its discretion in ordering a man to pay restitution on the costs a woman incurred for having to take public transportation after he criminally damaged her car and the costs of her pain and suffering, the Indiana Court of Appeals has ruled.

Guatemalan man charged in crash that killed Colts linebacker

State and federal authorities have filed criminal charges against the Guatemalan man illegally living in Indiana who is suspected of driving the vehicle that struck and killed Indiana Colts linebacker Edwin Jackson and his Uber driver on Sunday morning.

NIU College of Law tosses out-of-state tuition

Starting with the fall semester 2018, Northern Illinois University College of Law will charge one flat tuition rate to all students regardless of whether they are residents of the state or not.

Opinions Feb. 6, 2018

Indiana Court of Appeals

Janet Freels v. James F. Koches and Sunset Builders, Inc.
91A02-1708-PL-1988
Civil plenary. Affirms the dismissal of Janet Freels’ complaint against James F. Koches and Sunset Builders, Inc. Declines Freels’ request to exempt small-claims proceedings from the doctrine of res judicata. Finds Freels’ additional claims should have been litigated in her first action. Also finds Freels’ second action is barred under the doctrine of claim preclusion.

COA upholds dismissal of claim against construction company

The Indiana Court of Appeals has upheld the dismissal of a White County woman’s fraud and damages claim against the construction company that built her home, finding the woman’s claims were barred by the doctrine of res judicata based upon an earlier small claims judgment.

COA: State can’t demand jury trials in misdemeanor cases

When prosecuting misdemeanor cases, the state does not have the right to demand a trial by jury, the Indiana Court of Appeals ruled in a Tuesday opinion upholding the denial of the state’s request for a jury trial in a misdemeanor case.

DTCI: My doctor is liable for how much?

As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the plaintiff seeks damages under both the Medical Malpractice Act (MMA) and the Wrongful Death Act. This article describes how these statutes work together, how to apply the caps, and discusses when a provider can be responsible for paying more than the MMA cap.

Kilies: Discover a way to avoid the document dump

In a case where lots of documents are expected, an online platform can be used to exchange some of them. Given the time and expense associated with the discovery process, we must find creative ways to make the process less burdensome.