Opinions Aug. 23, 2022

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Bradford Bohanon v. City of Indianapolis
20-3125
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Affirms the district court’s ruling granting the city of Indianapolis’ motion for judgment as a matter of law and vacating the jury’s $1.24 million verdict in favor of Bradford Bohanon on his excessive force claim. Finds municipalities cannot be held vicariously liable under 42 U.S.C. § 1983 for the constitutional torts of their employees, and a claim against a municipality under § 1983 requires proof of both municipal fault and causation. Also finds Bohanon did not prove municipal fault because the narrow exception in the city’s substance abuse policy did not present a policy “gap” that made it glaringly obvious that off-duty officers would use excessive force in violation of the Fourth Amendment. Finally, finds no extreme emergency situated existed at the time of the incident, so the city’s policies expressly prohibited the officers’ conduct and were not the “moving force” cause of Bohanon’s injury.

Tuesday opinions
Court of Appeals of Indiana
Robert Eugene Smith, Jr. v. State of Indiana
21A-CR-2493
Criminal. Affirms the Hendricks Superior Court’s denial of Robert Eugene Smith Jr.’s motion to dismiss the charging information alleging he committed two counts each of Level 5 felony failure to register as a sex or violent offender and Level 6 felony failure to register as a sex or violent offender. Finds that although Smith’s motion was timely, he was under a lifetime obligation to register as a sex offender at the time of the alleged offenses. Also finds the 2007 amendment to Indiana Code § 11-8-8-19 did not retroactively apply to Smith, and he is not similarly situated to sex offenders who committed their crimes under a different statutory regime than he did. Finally, finds Smith’s lifetime registration obligation follows from Indiana Code, and a letter from the Johnson County Sheriff does not remove that obligation.

Ronald Alan Gee v. State of Indiana
21A-CR-2092
Criminal. Affirms Ronald Gee’s convictions of murder, Level 2 felony arson resulting in serious bodily injury and Level 3 felony arson resulting in bodily injury. Finds the Lake Superior Court did not abuse its discretion when it allowed Gee’s wife Robyn to identify him in a surveillance video.

A.V. v. State of Indiana
22A-JV-753
Juvenile. Affirms A.V.’s juvenile adjudication for what would be Class B misdemeanor criminal mischief if committed by an adult. Reverses her adjudication for what would be Level 6 felony intimidation if committed by an adult. Finds there is sufficient evidence for the criminal mischief adjudication but not for the intimidation adjudication.

Zachary Weaver v. State of Indiana (mem. dec.)
21A-CR-2067
Criminal. Affirms the revocation of Zachary Weaver’s probation. Finds the state presented sufficient evidence to prove Weaver violated his probation. Also finds the Kosciusko Superior Court did not abuse its discretion when it ordered Weaver to serve the remainder of his sentence incarcerated because Weaver violated his probation multiple times.

Andre Naylor v. State of Indiana (mem. dec.)
22A-CR-66
Criminal. Affirms Andre Naylor’s conviction for unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds the Marion Superior Court did not abuse its discretion when it permitted the state to reopen its case to establish a factual basis for the parole officers’ reasonable cause to enter the apartment, or when it admitted evidence seized from the apartment. Also finds Naylor’s statements to parole officers were not in response to any questions initiated by the officers, so there was no custodial interrogation to which Miranda would have applied, so the admission of the statements was proper. Finally, finds the state presented sufficient evidence from which a reasonable factfinder could have concluded that Naylor knew of the nature and presence of the firearm in the apartment.

Tyler Mallory v. State of Indiana (mem. dec.)
22A-CR-375
Criminal. Affirms Tyler Mallory’s conviction of Level 6 felony resisting law enforcement causing bodily injury. Finds the evidence was sufficient to support Mallory’s conviction.

Justin Daniel Paxson v. State of Indiana (mem. dec.)
22A-CR-689
Criminal. Affirms Justin Paxson’s conviction of Level 6 felony failure to register as a sex or violent offender. Finds the Vanderburgh Circuit Court did not abuse its discretion in allowing the state to amend the charging information on the day of Paxson’s trial. Also finds the evidence was sufficient to sustain the conviction.

C.T. v. State of Indiana (mem. dec.)
22A-JV-609
Juvenile. Affirms the denial of C.T.’s motion for relief from judgment, filed after the St. Joseph Probate Court determined he had violated the terms of his probation and ordered him committed to the Indiana Department of Correction. Finds the trial court did not erroneously determine that C.T. received the process due to him and had not received ineffective assistance of counsel.

In Re: The Termination of the Parent-Child Relationship of C.B., B.B., and Br.B. (Minor Children); B.B. (Father) v. Indiana Department of Child Services, and Kids’ Voice of Indiana (mem. dec.)
22A-JT-175
Juvenile termination of parental rights. Affirms the termination of father B.B.’s parent-child relationships with his three sons, Br.B., Bra.B. and C.B. Finds B.B. was not denied due process. Also finds there is sufficient evidence to support the terminations.