Indiana Court Decisions — Dec. 19, 2018-Jan. 2, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Indiana’s abortion petition relisted at U.S. Supreme Court
Indiana’s petition for a review of its 2016 abortion law is still pending at the Supreme Court of the United States after the justices relisted the Hoosier state’s writ of certiorari for this Friday’s conference. The state is asking the Supreme Court to overturn a preliminary injunction blocking the implementation of a law that limits when a woman may terminate her pregnancy and mandates how fetal remains should be handled.
Northern Indiana District Court awaiting re-nomination process
With the start of the 116th Congress, Indiana’s two remaining federal judicial nominees have stalled and the vacancies in the U.S. District Court for the Northern District of Indiana continue. However, Indiana’s senior senator expressed confidence they will come back to Capitol Hill.
Lawsuit filed over gay inmate’s suicide at Noble Co. jail
A northeastern Indiana county faces a wrongful death lawsuit alleging a gay inmate killed himself in its jail after being denied mental health treatment and enduring harassment over his sexuality. Markus Middleton’s partner is suing Noble County’s sheriff, jail commander and jail staff.
Union sues GM, says idled workers should replace temps
The United Auto Workers union is accusing General Motors of violating a national contract by using temporary workers at a plant in Fort Wayne instead of employing full-timers who were laid off from its factories elsewhere.
Roberts’ year-end report focuses on sexual harassment in judiciary
Following the year of the #MeToo movement and the retirement of a former 9th Circuit Court of Appeals judge accused of sexual harassment, Chief Justice John G. Roberts pushed in his most recent end-of-the-year report that more can be done to encourage judicial employees to report misconduct.
Sovereign citizen’s prison religion suit may be revisited
An Indiana prisoner and professed sovereign citizen who claimed his religious rights were violated when he was forbidden from fully participating in certain religious services may get another review, the 7th Circuit Court of Appeals ruled Wednesday.
Assault charge filed against LaPorte woman in plane incident
An Indiana woman accused of attacking a Delta Air Lines crew is moving toward a guilty plea in Detroit federal court. In a new court filing, Camille Krueger of LaPorte is charged with head-butting and spitting on federal officers who were removing her from a Germany-to-Detroit flight last January.
US: Thousands victimized in organic grain fraud scheme
Federal prosecutors say thousands of individuals and businesses were victims of a large-scale scheme in which ordinary corn and soybeans were fraudulently marketed nationwide as “certified organic.”
Year in Review: Hill sexual misconduct scandal top legal news story of 2018
Indiana Lawyer’s top story of 2018 began inside an Indianapolis bar in the cool early-morning hours of Thursday, March 15. Attorney General Curtis Hill had had a few drinks. A few too many, several witnesses would later claim.
IMPD officers sued for destroying homeless camp
The American Civil Liberties Union of Indiana filed a lawsuit Wednesday against two as yet unidentified Indianapolis police officers, alleging they unlawfully seized and destroyed the belongings of five homeless individuals who had been living under a railroad bridge.
Federal court rebuffs latest Monarch-linked liquor law challenge
An Indiana motor carrier’s attempt to transport liquor for a Michigan City wholesaler has been blocked by the Southern Indiana District Court, which found the proposed arrangement could potentially circumvent Indiana’s three-tiered alcohol distribution and sales system.
Scotty’s Brewhouse founder sued over Carmel restaurant deal
Scotty’s Brewhouse founder Scott M. Wise, along with Indianapolis-based Scotty’s Holdings LLC and two Arizona-based parties, are facing a lawsuit from a former business partner of Wise’s who claims he was defrauded out of his $300,000 investment in the restaurant chain.
Ex-officers’ wiretap lawsuit against Pittsboro police advances
A lawsuit by former officers against Pittsboro police claiming the department secretly recorded their conversations in violation of federal wiretapping laws will proceed, a federal judge has ruled.
Judge threatens sanctions in DOC suit; attorneys claim honest mistakes
Two Indianapolis attorneys accused of filing false declarations on behalf of their state clients in an inmate’s excessive force lawsuit are facing federal court sanctions for the alleged misconduct, though the attorneys claim the issues giving rise to the court’s concerns were the result of honest mistakes.
Lawyer doesn’t help his own cause in federal court discipline matter
A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” The district court denied John H. Davis' motion to reconsider his removal from the court's Roll of Attorneys last week.
Judge’s rebuke of Flynn upends sentencing, prolongs case
A federal judge who described himself as disgusted by Michael Flynn’s behavior upended a straightforward sentencing hearing Tuesday, postponing punishment for President Donald Trump’s first national security adviser and telling him in a stinging rebuke, “Arguably you sold your country out.”
Trump says he’s eager to sign sweeping criminal justice bill
The Senate passed a sweeping criminal justice bill Tuesday that addresses concerns that the nation’s war on drugs had led to the imprisonment of too many Americans for nonviolent crimes without adequately preparing them for their return to society.
AG Hill in minority praising ruling against ACA mandate
Indiana Attorney General Curtis Hill spent Monday morning on cable television news channels applauding a federal court’s ruling that found the Affordable Care Act unconstitutional, but Republican leaders in Indiana remained silent.
15-month prison term for Porter Co. cop who stole from police group
The former treasurer of a Valparaiso police organization has been sentenced to 15 months in prison for stealing nearly $190,000. Lawrence LaFlower told a federal judge Monday that “everything revolved around gambling,” which is why he began embezzling money from Fraternal Order of Police Lodge 165 in Valparaiso.