Court opinions

7th Circuit Court of Appeals
Shanika Day v. Franklin Wooten
19-1930
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil tort. Reverses the denial of qualified immunity to Indianapolis Metropolitan Police Officer Randall Denny and Indianapolis Metropolitan Police Sgt. Franklin Wooten. Finds the officers’ conduct in placing Terrell Day in handcuffs did not violate the teenager’s Fourth Amendment rights even though he complained of not being able to breathe and eventually died in custody. The autopsy report concluded Day’s death was caused in part by having his hands cuffed behind his back, but the appellate panel ruled there is no precedent giving an arrestee the right to not have his hands cuffed behind his back after he complains of difficulty breathing. Remanded for further proceedings.

Indiana Supreme Court
In the Matter of the Adoption of C.A.H., A.C.S. (Father) v. R.S.E. and R.K.E. (Grandparents)
20S-AD-5
Adoption. Reverses the Morgan Superior Court’s finding that father’s consent was irrevocably implied in the adoption matter. Remands for a hearing on the merits of his motion to contest the adoption of his child. Finds a parent’s implied consent to the adoption of a child may not be based solely on the parent’s failure to appear at a single hearing.

Indiana Court of Appeals
MGPI of Indiana, LLC v. South Dearborn Regional Sewer District
19A-PL-393
Civil plenary. Affirms the Dearborn Circuit Court’s order upholding the District Authority of Dearborn County’s ruling that upheld the adoption of a rate-setting ordinance by the South Dearborn Regional Sewer District. Finds there was a rational basis for the District Authority to uphold the ordinance and for the trial court to affirm its ruling against the challenge brought by MGPI of Indiana.

Indiana Court of Appeals
Bayer Corporation, et al. v. Rene Leach, et al.
19A-CT-00625
Civil tort. Affirms the Marion Superior Court’s denial of Bayer Corporation’s motion for judgment on the pleadings against Rene Leach and 30 other women who allege they were injured by a medical device manufactured by Bayer. Finds the trial court did not err in declining to enter judgment on the pleadings.

7^th Circuit Court of Appeals
Thomas Dennis Jr. v. Niagara Credit Solutions, Inc., et al.
19-1654
Appeal from the US District Court for the Southern District of Indiana, New Albany Division. Judge Richard L. Young.
Civil. Affirms judgment on the pleadings in favor of Niagara Credit Solutions defendants on Thomas Dennis Jr.’s complaint alleging violation of the Fair Debt Collection Practices Act. Finds the claims raised by Dennis meritless.

Indiana Court of Appeals
Shane E. O’Keefe v. State of Indiana
19A-CR-1733
Criminal. Affirms Shane E. O’Keefe’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the pat-down search of O’Keefe’s person during a valid traffic stop was not a violation of the Fourth Amendment. Also finds the Vanderburgh Circuit Court did not abuse its discretion in admitting evidence obtained as a result of the search.