Articles

Civil forfeiture reform advances, but concerns remain

The Indiana Senate has approved a bill that would reform many aspects of Indiana’s civil forfeiture framework, a move local attorneys who practice such cases say is a step in the right direction. However, concerns remain about whether the legislation provides criminal defendants sufficient due process.

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Judge declines recusal in fraudster Durham’s case

Indiana Southern District Chief Judge Jane Magnus-Stinson has denied a motion for her recusal in a civil case against convicted fraudster Tim Durham, determining her relationships with leaders of Indiana’s Democratic Party did not create the appearance of or actual bias.

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Senate committee advances civil forfeiture bill

A long-discussed civil forfeiture reform bill has cleared its first hurdle in the Indiana statehouse. The Senate Judiciary Committee on Wednesday passed Senate Bill 99, which tightens due process procedures when prosecutors seek to confiscate property allegedly connected with crimes.

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IMPD excessive force claim proceeds to trial

The City of Indianapolis has lost its summary judgment argument on an excessive force claim after a district court judge determined genuine issues of material fact exist as to whether the city’s policies led two police officers to use excessive force against a veteran.  

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In 2017, IL readers most followed these links

Breaking news and online updates of major legal stories were the most-read articles on TheIndianaLawyer.com in 2017, according to an analysis of pageviews. Here are the IL’s Top 20 most-read online stories of the past year.

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Magnus-Stinson issues warning to parties filing frivolous motions

Indiana Southern District Chief Judge Jane Magnus-Stinson has issued a stern warning to any defendants considering filing an affirmative defense of failure to exhaust administrative remedies under the Prison Litigation Reform Act – provide evidence to support that claim or abandon the defense entirely.

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District court strikes part of state’s civil forfeiture law

Amid discussions on legislative reform to Indiana’s civil forfeiture framework, a federal judge has ruled part of that framework unconstitutional, determining the process by which the state can seize someone’s property before an official forfeiture action violates due process protections.

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Southern District to ‘borrow’ judges to ease judicial emergency

Two Wisconsin district court judges will begin lending their services to the Hoosier state Wednesday as part of a pilot partnership designed to ease the caseloads of the judges of the U.S. District Court for the Southern District of Indiana, consistently ranked among the 10 busiest federal district courts.

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Magnus-Stinson takes helm as chief of Indiana’s Southern District

When Jane Magnus-Stinson isn’t presiding over cases in one of the busiest federal district courts in the nation, she seems to be just as busy. And her workload just increased. On Nov. 23, Magnus-Stinson began her seven-year appointment as chief judge of the U.S. District Court for the Southern District of Indiana.

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7th Circuit: Judge should have disqualified herself in sentence challenge

The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.

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Surgery centers sue No.1 insurer UnitedHealthcare

Several Indiana surgery centers are suing the nation’s largest health insurance company, claiming it violated state and federal law by failing to pay for services the centers’ doctors provided to patients. In a similar lawsuit against the insurer, a key dispute is what the word “pay” means.

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Durham gets 50 years for fraud scheme

Tim Durham will likely spend the rest of his life behind bars after a federal judge on Friday sentenced the disgraced playboy and businessman to a 50-year prison term for defrauding Ohio investors of $250 million.

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