Disciplinary Actions – 2/26/14
Read who’s received a public reprimand and who has been suspended by the Indiana Supreme Court.
Courts
Articles
Indiana joins brief seeking to halt EPA-led plan to clean up Chesapeake Bay
Decades of squabbles over cleaning up one of America’s most historic but polluted waters resulted in an agreement between states and the federal government that supporters say could restore the Chesapeake Bay to a swimmable, fishable national treasure. But if Indiana and other states without a direct stake in the Chesapeake have their way, the cleanup hashed out between bay states and the Environmental Protection Agency will be stopped.
Campus fraternity chapter may be liable for alleged hazing injury
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
No relief in sight for busy Southern District judges
Judges of the U.S. District Court of the Southern District of Indiana are among the nation’s busiest. They have been for years, and that’s unlikely to change anytime soon.
High school basketball team’s hair-length policy is discriminatory
A dispute pitting long hair against an attempt to promote a clean-cut image of Hoosier boys’ basketball is headed for overtime since the 7th Circuit Court of Appeals found a high school’s hair-length requirements pertaining only to male basketball players violated equal protection and Title IX.
Correctional officer fails to support claims of discrimination against employer
A former officer in the Indiana Department of Correction had her claims of employment discrimination and retaliation rejected by the 7th Circuit Court of Appeals on the grounds she failed to provide supporting evidence.
Justices to review sanctions in false emergency detention report
The Indiana Supreme Court will review a case in which the Court of Appeals tossed an indirect civil contempt of court finding but let stand fines against a nurse accused of making false statements about the mental health of a co-worker that led to emergency detention.
Child support arrearage dispute sent back to trial court
The Indiana Court of Appeals instructed a trial court to do the work necessary before entering an order garnishing a parent’s money for child support.
Injunction denial stands in Notre Dame contraception case
A divided 7th Circuit Court of Appeals panel affirmed denial of a temporary injunction sought by the University of Notre Dame to block enforcement of the contraception mandate contained in the Affordable Care Act.
Evidence of victim’s prior offenses rightly excluded
A man convicted and sentenced to 45 years in prison for a brutal attack that left his 77-year-old victim hospitalized for months failed to persuade the Court of Appeals that evidence of the victim’s prior offenses had been wrongly excluded at his trial.
Conviction overturned because of testimony about nickname
A man’s felony conviction was overturned after a split Indiana Court of Appeals ruled that the detective’s testimony about how he identified and found the man was inadmissible hearsay.
Bar exam applications available online
Applicants for Indiana’s July bar exam may now access an online application at the Indiana Board of Law Examiners’ website.
Court video online raises call for blanket cellphone policy
Another recent incident of video streamed online that could compromise criminal courts has led judges in Marion County to consider a blanket policy restricting cellphone use in courtrooms.
City evaluating Criminal Justice Complex proposals
A representative of Indianapolis Mayor Greg Ballard told Marion Superior judges Friday that the site of a proposed Criminal Justice Complex is still under consideration, as is who might be considered to build the facility.
Unequal protection and due process claims fail because juvenile was not sentenced
The Indiana Court of Appeals rejected a teenager’s claim of unequal treatment and violation of his due process rights because he incorrectly referred to the juvenile court’s disposition order as a sentence.
Judge lets second suit alleging BMV overcharges proceed
Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.
Justices reconcile conflicting trial rules
In reversing an order granting a company’s motion to vacate partial summary judgment in an environmental cleanup lawsuit, the Indiana Supreme Court tackled the apparently conflicting Indiana Trial Rules 54(B) and 56(C).
No constitutional violations occurred when police entered home
A man’s federal and state constitutional rights were not violated when police officers entered his home without a warrant based on concerns an injured animal or person may be inside.
County surveyor not entitled to additional compensation, rules court
The Indiana Court of Appeals has denied the Gibson County surveyor’s claims that under statute, he is entitled to a higher salary and additional compensation for referencing corners in the county.
Troubled Clark County Drug Court suspended
Claims that drug court participants in Clark County were jailed for months without cause and subjected to unauthorized searches and arrests by drug court staff have led the Indiana Judicial Center to suspend the problem-solving court in Jeffersonville.