Opinions July 11, 2022

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Friday:
Lisa A. Nigro, M.S., CRNA v. Indiana University Health Care Associates, Inc., d/b/a Indiana University Health Physicians (IUHP)
21-2759
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms the entry of summary judgment against Lisa Nigro on her complaint alleging sex discrimination by Indiana University Health Physicians. Finds the record shows that Nigro experienced challenges working with others and that those challenges led to and explain her eventual termination, and that there is no evidence in the summary judgment record permitting a jury to reach a contrary conclusion.

Ricardo Vasquez v. Indiana University Health, Inc., et. al.
21‐3109
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus‐Stinson.
Civil. Reverses the district court’s dismissal of Ricardo Vasquez’s complaint that Indiana University Health violated antitrust laws through its acquisition of local competitors. Finds Vasquez’s allegations pass the pleading stage. Also finds discovery is needed to determine whether or not the complaint is time-barred. Remands for further proceedings.

Monday opinions
Court of Appeals of Indiana
Leon Casillas v. State of Indiana
21A-CR-2182
Criminal. Affirms Leon Casillas’ convictions of Level 2 felony dealing in a narcotic drug and Level 6 felony possession of methamphetamine, and the finding that he is a habitual offender. Finds Casillas did not waive his objection to the evidence police discovered after they entered his home. Also finds the Vanderburgh Circuit Court did not err in admitting the evidence found inside Casillas’ house because the facts and circumstances presented to the trial court support its finding that Casillas freely and voluntarily consented to the officers’ entry into his home. 

In the Matter of the Adoption of A.E., C.L.F. v. C.M. and M.B.
21A-AD-2766
Adoption. Affirms the Hamilton Superior Court’s denial of grandmother C.L.F.’s motion to intervene regarding the adoption of child A.E. by adoptive parents C.M. and M.B. Finds the Court of Appeals has jurisdiction. Also finds the trial court did not abuse its discretion.

Daniel R. Lytle, Jr. v. State of Indiana (mem. dec.)
21A-CR-1833
Criminal. Affirms Daniel R. Lytle’s conviction of Class A misdemeanor domestic battery. Finds Lytle has failed to show that the selection of the alternate juror was an egregious error that denied him fundamental due process and subjected him to prejudice, so he has failed to demonstrate fundamental error.

Tyler Cross v. State of Indiana (mem. dec.)
21A-CR-2366
Criminal. Affirms the denial of Tyler Cross’ motion to suppress. Finds there were no constitutional violations, so the Lawrence Superior Court did not abuse its discretion in denying Cross’ motion to suppress.

Ronnie A. Bradfield v. State of Indiana (mem. dec.)
21A-CR-2370
Criminal. Affirms Ronnie A. Bradfield’s conviction of Level 4 felony dealing in methamphetamine. Finds Bradfield’s claims or error and fundamental error are waived. Waiver notwithstanding, also finds the state did not engage in outrageously dangerous conduct by permitting Baker to engage in a status violation by operating a vehicle in the court of the controlled buy.

Timothy A. Brinegar v. State of Indiana (mem. dec.)
21A-CR-2788
Criminal. Affirms the denial of Timothy A. Brinegar’s motion to suppress. Finds Brinegar’s rights under the Fourth Amendment to the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution were not violated.

Dustin M. Nevil v. Laurie B. Nevil (mem. dec.)
22A-PO-327
Protective order. Affirms the issuance of an order for protection against Dustin M. Nevil on behalf of Laurie B. Nevil. Finds the Gibson Circuit Court’s judgment was not clearly erroneous.