Articles

Man can sue prison for failure to protect him

The 7th Circuit Court of Appeals ruled a prisoner can seek remedies against prison staff who did not protect him from other inmates who were throwing feces at him. It found the man had exhausted all of his remedies before filing suit.

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7th Circuit: State immune from FLSA suit

The 7th Circuit affirmed that Indiana was immune from a Federal Labor Standards Act lawsuit brought by two Department of Child Services Employees. The court said the state did not give consent for the suit, and thus had 11th Amendment immunity under the U.S. Constitution.

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Supreme Court: City not immune from injury suit

The Indiana Supreme Court ruled a city did not meet the requirements of the Indiana Tort Claims Act, and as such does not have immunity in a suit filed by a woman who fell in a city street and broke her leg.

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COA dismisses improperly filed preliminary injunction motion

The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.

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Court reduces man’s sentence by 3 years

The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.

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How a spy probe wound up as a child pornography prosecution

At issue in the case is how the government uses evidence derived through the Foreign Intelligence Surveillance Court and under what circumstances that information should be made available to defendants, particularly when it winds up repurposed for a routine criminal prosecution that has nothing to do with national security.

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Motor vehicle accident: Noblesville collision

Trial Reports: Reports on recent Indiana cases from the lawyers and judges involved. Submit a trial report at http://www.theindianalawyer.com/submit-trial-reports. Motor vehicle accident Name of Case: Patricia Acker and Peter Acker v. Keyna Sanders Court Case Number: Hamilton Superior Court, 29D01-1305-CT-04836 Injuries: Chronic neck and back pain Court Date: Jan. 25-27, 2016 Trial Type: Jury trial […]

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National group recognizes Indiana for criminal justice reform

Indiana is getting a little love on social media Monday for efforts in recent years to reform its criminal justice system. The U.S. Justice Action Network is including the Hoosier state in its national campaign “30 States, 30 Days” to prompt Congress to pass legislation reforming the federal justice system.

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