Opinions Dec. 17, 2018

7th Circuit Court of Appeals
Gloria Terry v. Gary Community School Corporation
18-1270
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Affirms the district court’s grant of summary judgment in favor of Gary Community School Corporation against Gloria Terry’s claims of sex discrimination. Finds Terry did not provide evidence showing the district had a pretextual, discriminatory purpose for its actions in giving the principal position to a male candidate instead of her. Finds she was not discriminated against based on her sex, nor was she paid less in violation of Title VII and the Equal Pay Act.

Dylan Sinn v. Bruce Lemmon, Commissioner, et al.,
18-724
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms grant of judgment on the pleadings to Putnamville Correctional Facility Sgt. Scott Rodger and officer Paul Hoskins. Also affirms grant of summary judgment to Stanley Knight, former Putnamville superintendent, and Bruce Lemmon, former Indiana Department of Correction Commissioner. Reverses and remands grant of summary judgment to John Brush, former Putnamville unit manager. Finds it is reasonable to infer based on the evidence that Brush knew inmate Dylan Sinn was in danger of being attacked again but did nothing to protect him.

Indiana Court of Appeals
Stephanie R. Thompson v. State of Indiana (mem. dec.)
18A-CR-735
Criminal. Affirms Stephanie R. Thompson’s 11-year sentence for conviction of Level 3 felony robbery. Finds there was sufficient evidence to demonstrate that Thompson’s accomplice used a gun during the commission of the robbery. Finds the court did not commit fundamental error, nor abuse its discretion in failing to identify Thompson’s youth as a mitigating factor. Concludes her sentence is not inappropriate.

M.A. v. H.H. (mem. dec.)
18A-PO-793
Protective order. Affirms the Marion Superior Court’s issuance of a protective order for H.H. against M.A.  Finds there is sufficient evidence to prove M.A. stalked H.H. Also finds the order does not violate M.A.’s rights under the First Amendment and that the trial court did not abuse its discretion when it denied M.A.’s motion for recusal.

Leif O'Connell v. State of Indiana (mem. dec.)
18A-PC-372
Post-conviction. Affirms the denial of Leif O’Connell’s second petition for post-conviction relief. Finds that issues raised in the second petition were all known and available to O’Connell at the time of his first post-conviction proceeding and the performance of his post-conviction counsel does not present a cognizable claim.

Edwin S. Short v. State of Indiana (mem. dec.)
18A-CR-429
Criminal. Affirms Edwin Short’s conviction of Level 2 felony conspiracy to deal methamphetamine in an amount of at least 10 grams. Finds the Gibson Circuit Court did not abuse its discretion by admitting drug evidence obtained during warrantless searches of a vehicle, nor in admitting evidence obtained through wiretap recordings and text messages.