Opinions March 8, 2021

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Friday:
P.W., a minor, by Dominque Woodson, his mother and guardian, et al. v. United States of America
20-1142
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Theresa L. Springmann.
Civil. Affirms the district court’s grant of summary judgment to the United States on the Federal Tort Claims Act action brought by Dominque Woodson on behalf of her son, P.W. Finds the plaintiffs’ claims were untimely, and they do not satisfy the second element of the savings provision of the Westfall Act. Also finds the plaintiffs’ claims do not qualify for equitable estoppel or equitable tolling. Judge David Hamilton dissents with separate opinion.

Nicole K., by next friend Linda R., et al. v. Terry J. Stigdon, Director of the Indiana Department of Child Services, et al.
20-1525
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Patrick Hanlon.
Civil. Affirms the district court’s finding that Younger v. Harris, 401 U.S. 37 (1971) required abstention in a dispute over whether children in CHINS cases have a constitutional right to appointed counsel at public expense. Finds that because children are not automatically entitled to lawyers, it would be inappropriate for a federal court to resolve the appointment-of-counsel question in any of the 10 plaintiffs’ state proceedings. Also finds that in absence of a “civil Gideon” analog, the question is a proper part of the state proceeding, subject to the possibility of review by the Supreme Court.

Monday opinions
Indiana Court of Appeals
William T. Dishman v. Michelle L. Symanski f/k/a Michelle L. Dishman, and Beacon Occupational Health, LLC, f/k/a and f/d/b/a Community Occupational Medicine (mem. dec.)
20A-CT-1803
Civil tort. Affirms the Elkhart Superior Court’s grant of summary judgment for Michelle L. Symanski and Beacon Occupational Health LLC in William T. Dishman’s personal-injury action. Finds that as a matter of law, Dishman’s cause of action accrued, and the two-year limitation period began to run, no later than June 14, 2017, so his June 25, 2019, complaint was untimely and summary judgment was properly granted to Symanski and Beacon.

JC Taylor v. State of Indiana (mem. dec.)
20A-CR-1353
Criminal. Affirms JC Taylor’s convictions of possession of a narcotic drug as a Level 5 felony, driving while suspended as a Class A misdemeanor and possession of paraphernalia as a Class C misdemeanor. Finds the state presented sufficient evidence in Marion Superior Court to support Taylor’s possession convictions.