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Opinions July 17, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Estate of Dennis Simpson, et al. v. Mark E. Gorbett, James Tindell, Jared Williams, Johnny York, Travis Harbaugh and Cory Lehman
16-2899
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the grant of summary judgment to six Bartholomew County employees. Finds the Estate of Dennis Simpson failed to provide sufficient evidence to prove its deliberate indifference and inhumane conditions claims.

7th Circuit clears Bartholomew jail officers in inmate death

The 7th Circuit Court of Appeals has affirmed the grant of summary judgment to Bartholomew County Sheriff’s Department officials who interacted with a man who later died in the county jail, finding the man’s estate failed to prove the officials were deliberately indifferent to the man’s medical concerns.

DOJ gets delay in Marion County immigration case

An agreement that would have prevented the Marion County Sheriff’s Department from detaining immigrants for the U.S. government is on hold after a federal judge gave the U.S. Department of Justice time to consider whether it wants to intervene in the case.

Transportation museum denied restraining order against railroad authority

The Indiana Transportation Museum has been denied in its request for a federal temporary restraining order against the Hoosier Heritage Port Authority. The ruling likely derails for a second straight year the Indiana State Fair Train excursion from Noblesville to Indianapolis.

Indiana appeals ruling blocking part of abortion law

Indiana Attorney General Curtis Hill said Friday he will appeal a federal judge’s ruling that blocks parts of a new state law that would make it tougher for girls under age 18 to get an abortion without their parents’ knowledge.

Nominees selected for U.S. attorney in Indiana

In its latest round of nominations for U.S. attorney candidates announced today, the White House has tapped the current interim U.S. Attorney for the Southern Indiana District and a litigator based in Chicago for the Northern District of Indiana.

Trump administration to appeal travel ban ruling to justices

In another setback for President Donald Trump, a federal judge in Hawaii further weakened the already-diluted travel ban by vastly expanding the list of U.S. family relationships that visitors from six Muslim-majority countries can use to get into the country.

Statue of ‘Scopes monkey trial’ lawyer Darrow unveiled

The Tennessee town known for the famed 1925 “Scopes monkey trial” saw no protesters Friday as it unveiled a statue of the lawyer who argued for evolution near a sculpture of his creationism-advocating legal rival.

COA reverses child molesting finding against 10-year-old

A 10-year-old boy adjudicated as a delinquent for acts that would be considered Level 4 felony child molesting if committed by an adult will have his adjudication dropped after the Indiana Court of Appeals held Friday there was insufficient evidence to support a true finding of the conduct.

Opinions July 14, 2017

Indiana Court of Appeals
Louis Bell v. State of Indiana
49A05-1606-CR-1390
Criminal. Affirms Louis Bell’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony possession of a narcotic drug, Level 5 felony possession of cocaine, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia. Finds Officer Justin Gough had reasonable suspicion to stop Bell due to the nighttime traffic violation created by the lack of lights on the bicycle. Also finds that once stopped, neither Bell’s Fourth Amendment nor Article 1, Section 11 rights were violated by the pat-down search. Finally, finds the Marion Superior Court did not abuse its discretion in the admission of evidence. Judge Margaret Robb dissents with separate opinion.

COA affirms termination of mother’s parental rights

The Indiana Court of Appeals has affirmed the termination of a mother’s parental rights to her daughter after finding the mother failed to prove the trial court erred in the calculation of the time the child had been removed from her parents’ home.

Divided COA: Pat-down search did not violate rights

A divided panel of the Indiana Court of Appeals has affirmed a man’s felony and misdemeanor drug and firearm charges after finding the officer who arrested the man did not violate his constitutional rights by stopping him or conducting a pat-down search.

Fired lab worker loses discrimination appeal

The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.

Opinions July 13, 2017

7th Circuit Court of Appeals
Gary Jet Center, Inc. v. AFCO AvPorts Management LLC, et al.
16-1233
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the dismissal of Gary Jet Center Inc.’s claim alleging violation of the Contracts Clause of the U.S. Constitution. Finds legislative power was not used to deny Gary Jet’s remedy for breach of a 2007 lease.