ACLU files Wabash County Jail overcrowding suit
Raising allegations of unconstitutional conditions, the American Civil Liberties Union of Indiana has filed a lawsuit against Wabash County for “chronic” jail overcrowding.
Civil Case
Articles
Timbs forfeiture case back in trial court for excessiveness ruling
Little more than a year after the United States Supreme Court handed down a landmark decision incorporating to the states the Eight Amendment protection against excessive fines, the Grant County man who bears the name of the case is headed back to trial.
IRS to visit high-income taxpayers who fail to file
If you earn six figures and haven’t been filing your taxes, the IRS may come knocking. The agency said Wednesday it is stepping up efforts to visit high-income taxpayers who failed in prior years to file their tax returns on time.
LSC looking to continue streak of appropriation increases
Pointing to what it describes as an “overwhelming need for civil legal services,” Legal Services Corp. is asking a federal appropriation of $652.6 million for fiscal year 2021, a $212.6 million increase from the appropriation it received for fiscal year 2020.
Jury rules for Red Garter exotic dancer, awards her nothing
An Indianapolis jury ruled in favor of an exotic dancer who claimed she had been secretly recorded in her dressing room at the Red Garter strip club, but the jury awarded the dancer no damages.
Web Exclusive: Senate passes bill extending sex crimes statute of limitations
A bill that would have done away with the statute of limitations for certain child sex abuse crimes is making headway in the 2020 Indiana General Assembly. But some advocates are disappointed in how the bill has panned out.
Suit: Carmel schools failed to protect student from swim coach
A woman whose former high school swim coach is now imprisoned for sexually exploiting her while she was a member of the swim team is suing a suburban Indianapolis school district, alleging that it failed to protect her from the abuse.
Access to justice, voting rights, bail reform on ABA midyear meeting agenda
Rural communities’ access to justice, bail reform and ensuring voting rights for individuals with criminal convictions will be chief among several criminal justice topics set for discussion during next month’s 2020 American Bar Association Midyear Meeting.
IU professor arrested amid protest against white nationalism may sue
An Indiana University associate professor arrested last summer while protesting against a farmers market vendor alleged to have ties to a white supremacist group has taken a step toward filing a civil lawsuit against the city of Bloomington.
Judge orders sanctions against state attorney, DOC
Monetary sanctions potentially exceeding $100,000 and default judgment have been entered against state defendants and their attorney in a prisoner case that the presiding federal judge said “shattered” her trust in the defendants’ litigation practices.
Owner of duck boat that sank, killing 17, settles final lawsuit
The owner of a tourist duck boat that sank in a Missouri lake, killing 17 people including nine members of an Indiana family, has settled its final pending lawsuit for an undisclosed amount.
Southern District collects more than $3M in asset forfeiture in FY19
The Southern District of Indiana collected more than $10 million from criminal and civil actions and asset forfeitures in fiscal year 2019, with more than $3 million collected through asset forfeitures.
Hogsett unveils tenant protection initiative, aims to cut down evictions
Indianapolis Mayor Joe Hogsett on Wednesday announced a new city tenant protection and legal assistance initiative that is expected to increase resources for Indianapolis residents dealing with housing challenges that include substandard living conditions, eviction and retaliatory actions by “bad-actor” landlords.
Religious retaliation, accommodation claims to continue against Brownsburg schools
A federal lawsuit alleging Brownsburg schools discriminated against a former teacher who refused to address transgender students by their chosen first names will continue with claims brought under Title VII, though 11 other state and federal constitutional claims against the school district were dismissed. The judge also cautioned both sides against efforts to expand the issues in the case to nonparty students.
Judge orders sanctions against state attorney, DOC in prisoner litigation
Monetary sanctions and default judgment have been entered against state defendants and their attorney in a prisoner case that the presiding federal judge said “shattered” her trust in the defendants’ litigation practices. The judge also imposed new requirements on lawyers in the Indiana Attorney General’s office who defend the Department of Correction in prisoner civil-rights cases.
Alternative approaches: Pew study finds civil legal problems impacting 47% of US households
After finding the need for civil legal assistance in the United States is widespread across all income levels — and perhaps spread wider than previously thought — The Pew Charitable Trusts sees a need for new solutions to addressing the problems experienced by many individuals and families.
SCOTUS, district courts see increased filings in last year
The number of cases filed in the United States Supreme Court and federal district courts increased in the last year, while the regional courts of appeal saw a slight filing decrease, according to Chief Justice John G. Roberts Jr.’s 2019 Year-End Report on the Federal Judiciary.
Involuntary commitment affirmed for ‘gravely disabled and dangerous’ man
The Indiana Court of Appeals has affirmed the involuntary temporary commitment for a man found to be gravely disabled and dangerous to himself and others, finding clear and convincing evidence supported the finding.
7th Circuit: Officer who broke resisting arrestee’s leg entitled to qualified immunity
The 7th Circuit Court of Appeals affirmed an Indianapolis police officer is entitled to qualified immunity in a federal civil-rights lawsuit filed after he took down a handcuffed man, fracturing the suspect’s leg in the process.
Indiana parents of girl who fell to her death sue cruise company
The parents of a toddler who fell to her death out of an open cruise ship window in Puerto Rico filed a lawsuit Wednesday against Royal Caribbean Cruises, accusing the company of negligence by allowing the window to be opened.