The state of Indiana has been ordered to respond by Monday to an appeal in a federal lawsuit seeking no-excuse absentee voting in the Nov. 3 general election, signaling the appellate court in Chicago may fast-track the challenge over mail-in voting just over two months ahead of the election.
Sarah Johnson v. Northeast School Corporation
19-2870
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Sweeney, II.
Civil. Affirms the Southern District Court’s entry of summary judgment to North Central High School (Farmersburg) and Northeast School Corporation on Sarah Johnson’s claims that both entities inadequately responded to her alleged of sexual harassment, therefore violating Title IX, 20 U.S.C. § 1681(a). Finds Johnson has waived any arguments regarding the district court’s evidentiary rulings and that NESC was not deliberately indifferent to Johnson’s claims of sexual harassment.
A woman who argued that her western Indiana high school inadequately responded to her alleged sexual harassment while she was a student there did not sway the 7th Circuit Court of Appeals to reverse a federal judge’s grant of summary judgment to the school on her claims.
A judge in Washington halted the federal government’s planned Friday execution of a man who kidnapped, raped and killed a 10-year-old Kansas girl, saying the law requires the government to get a prescription for the drug it plans to use.
A federal appeals court is being asked to take an expedited appeal of a ruling against no-excuse absentee voting in Indiana’s Nov. 3 general election, or to enter an immediate injunction that would permit all Hoosiers to vote by mail due to the pandemic.
A man who waited two months to seek reinstatement of a dismissed negligence claim against an Indianapolis school corporation will not be able to pursue his claim further after the Indiana Supreme Court determined his reinstatement bid was actually a collateral attack on a trial court order.
Indiana Supreme Court
Benjamin S. Smith v. Franklin Township Community School Corporation
20S-CT-98
Civil tort. Affirms the denial of Benjamin Smith’s motion for reinstatement of his lawsuit against Franklin Township Community School Corporation. Finds Smith cannot use a Trial Rule 41(F) filing to collaterally attack the merits of the dismissal order. Also finds Smith failed to preserve a substantive challenge to the dismissal decision, so the Marion Superior Court acted within its discretion when it denied his motion for reinstatement.
A father who disregarded court-mandated drug screens, left his child with a relative and refused to participate in services lost his termination of parental rights appeal Tuesday. One judge, however, would have reversed based on the facts of a case that began with the child’s removal due to mother’s drug use and what the dissenting judge saw as “an effort to punish Father.”
Indiana Court of Appeals
Shiel Sexton Company, Inc., et al. v. Joshua Towe
18A-CT-01446
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment to Joshua Towe as to Circle B Construction Systems’ assumption of a duty to protect Towe. Remands for further proceedings as to breach, causation, and damages. However, reverses the trial court’s grant of summary judgment to Towe as to the assumption of a duty by Shiel Sexton, and remands for the trial court to enter summary judgment for Shiel Sexton as it had no duty to protect Towe.
The Indiana Court of Appeals has affirmed a man’s child molesting conviction and sentence after finding, among other things, that his due process rights were not violated after he was found to be a sexually violent predator pursuant to Indiana Code section 35-38-1-7.5.
A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.
Indiana Court of Appeals
John P. Hampton v. Audie Barber
20A-MI-143
Miscellaneous. Affirms the Delaware Circuit Court’s order granting Audie Barber’s request for a permanent injunction following his complaint for ouster of an unlawful office holder in which the court concluded that Muncie City Councilman John P. Hampton is ineligible to hold a seat on the council under Indiana Code Section 3-5-8-1(e). Finds the evidence supports the trial court’s finding that Barber has a special interest in the city council seat, and that finding supports the court’s conclusion that Barber had standing to file the complaint against Hampton. Also finds that Hampton has waived for review the issue of whether Indiana Code Section 3-8-1- 5(e)(3) violates Article 1, Section 23 of the Indiana Constitution as applied to him.
A man convicted of domestic battery and disorderly conduct successfully secured a new trial from the Indiana Court of Appeals after it found the admission of his wife’s hearsay statements were in error.
The Indiana Court of Appeals has affirmed a young adult’s decades-long sentence for felony burglary convictions that stemmed from several residential break-ins he committed as a teen, finding that his sentence is not inappropriate.
A Muncie city councilman could not persuade the Indiana Court of Appeals to determine on Friday that he is still eligible for the position after another candidate revealed that the councilman has a felony record.
Indiana Court of Appeals
Judy Reece v. Tyson Fresh Meats, Inc., et al.
20A-CT-214
Civil tort. Majority affirms the grant of summary judgment in favor of Tyson Fresh Meats Inc. and Tyson Foods Inc. in a lawsuit alleging that tall grass on its property obstructed the view of an intersection before a crash in which a motorcyclist sustained catastrophic brain injuries. Finds Tyson negated the element of duty in Reece’s negligence claim. Senior Judge John Baker dissents, finding multiple issues of fact rendering summary judgment inappropriate, and would consequently reverse and remand for proceedings. Unanimously affirms the trial court’s evidentiary rulings.
The guardian of a Wayne County man who sustained catastrophic brain injuries in a motorcycle crash lost an appeal of a judgment against her negligence suit Thursday, but one judge would have permitted her case against a meat plant near the crash scene to proceed.
The following Supreme Court opinions were posted after IL deadline Tuesday:
Jordan B. Wadle v. State of Indiana
19S-CR-340
Criminal. Affirms and reverses in part Jordan Wadle’s convictions of Level 3 felony leaving the scene of an accident, Level 5 felony operating a vehicle while intoxicated causing serious bodily injury and Level 6 felony counts of OWI endangering a person and OWI with a blood-alcohol concentration of 0.08 or more, and his 16-year sentence with two years suspended to probation. Overrules the Richardson v. State constitutional tests in resolving claims of substantive double jeopardy and instead adopts an analytical framework that applies the statutory rules of double jeopardy. Finds the statutory offenses charged against Wadle were alternative sanctions, so his multiple convictions violate the statutory rules of substantive double jeopardy. Also finds Wadle’s conviction of Level 3 felony leaving the scene of an accident justifies his sentence. Remands for Fayette Superior Court to vacate all but one of Wadle’s convictions, Level 3 felony leaving the scene of the accident, and to leave his sentence in place.
A panel of the Indiana Court of Appeals narrowed the claims of women who sued pharmaceutical giant Bayer claiming alleged defects in the permanent birth control device Essure. The ruling Wednesday came after the Indiana Supreme Court remanded the case for the appeals court to address the viability of plaintiffs’ claims.
Overruling a constitutional test for resolving claims of substantive double jeopardy and adopting a new test in its place, the Indiana Supreme Court has partially reversed a man’s drunken driving convictions on double jeopardy grounds. His 16-year sentence, however, will remain.