Court opinions

7^th Circuit Court of Appeals
Timothy Johnson v. Michael Rogers
19-1366
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Affirms the Southern District Court’s finding that police officer Michael Rogers is entitled to qualified immunity. Finds Rogers did not kick Timothy Johnson or otherwise harm him after he was on the ground and that Rogers used his legs to undermine Johnson’s balance and force him down. Also finds Johnson was not under control at the time of the incident and that Rogers’ act was an attempt to regain control.

Indiana Court of Appeals
Muir Woods Section One Assn., Inc., et al. v. Marion County Treasurer, et al.
18A-CC-02643
Civil collection. Affirms the Marion County Assessor, Treasurer, and Auditor’s motion for dismissal for lack of subject matter jurisdiction against Muir Woods Section One Association and Nantucket Bay Homeowners Association. Finds the Marion Superior Court lacks subject matter jurisdiction to order the Treasurer to issue refunds to the homeowners associations for overpayment of taxes.

Indiana Court of Appeals
Jun Li and Jimmy Chung Fai Tam v. NextGear Capital, Inc.
19A-CC-608
Civil collection. Reverses the denial of Jun Li’s motion to set aside default judgment in a complaint filed by NextGear Capital, Inc. Finds Li has demonstrated grounds for setting aside the entry of default judgment pursuant to Trial Rule 60(B)(1) and has alleged a meritorious defense. Also finds the trial court abused its discretion in denying his motion to set aside default judgment. Remands for further proceedings. Judge Margret Robb concurs with separate opinion.