Opinions July 7, 2022

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Kenneth Martindale, Individually and as Personal Representative of the Estate of Jody Martindale, Deceased v. Indiana University Health Bloomington, Inc., d/b/a IU Health Bloomington Hospital  
21-3015
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the award of summary judgment to Indiana University Health Bloomington Inc., d/b/a IU Health Bloomington Hospital, on Kenneth Martindale’s suit alleging it failed to operate on his wife, Jody Martindale, and violated its obligations under the federal Emergency Medical Treatment and Labor Act. Finds that the act serves a very narrow set of purposes, and IUHB complied with its requirements. Also finds that if Martindale has a claim against IUHB, it is one under state rather than federal law.

Linda Brooks v. Avancez
21-1933
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division.
Judge Holly A. Brady
Civil. Affirms the grant of summary judgment to Avancez on Linda Brooks’ lawsuit claiming age and disability discrimination and the denial of Brooks’ motion to amend the complaint to add a claim for intentional infliction of emotional distress. Finds Brooks has not provided evidence that the employer’s stated reason for her discharge — threats to other employees in the workplace — was pretext for illegal discrimination.

Thursday opinions
Court of Appeals of Indiana
701 Niles, LLC v. AEP Indiana Michigan Transmission Company, Inc., et al.
21A-PL-2123
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of 701 Niles’ motion to enjoin. Finds AEP Indiana Michigan Transmission Company may constitutionally proceed with its project to build an underground electric transmission line on part of 701 Niles’ property. Also finds the University of Notre Dame’s attempt to use AEP’s easements for its hydropower project is an unconstitutional taking. Remands with instructions that the trial court enter an order enjoining AEP from installing the university’s line to the duct bank without 701 Niles’ express consent.

In the Matter of B.P., S.P., L.P., Mad.P., and Mac.P., Children Alleged to be Children in Need of Services; J.P. (Mother) v. Indiana Department of Child Services
22A-JC-44
Juvenile CHINS. Reverses the adjudication of mother J.P.’s five children as children in need of services. Finds the trial court clearly erred when it found the children to be CHINS. Chief Judge Cale Bradford dissents with separate opinion.

In the Matter of the Adoption of A.F. and N.F. (Minor Children); L.G. and W.G.
22A-AD-288
Adoption. Affirms the denial of adoptive father L.G.’s petitions to adopt his great-grandchildren after he died. Finds the Sullivan Circuit Court did not err.

Jason W. Snader v. State of Indiana (mem. dec.)
21A-CR-2282
Criminal. Affirms Jason W. Snader’s sentence to 40 years, with seven years suspended to probation, for his conviction of Level 1 felony burglary of a dwelling resulting in serious bodily injury. Finds the sentence is not inappropriate in light of the nature of the offense or Snader’s character.

Matthew D. Arthur v. State of Indiana (mem. dec.)
21A-CR-2718
Criminal. Affirms Matthew Arthur’s conviction of Level 6 felony invasion of privacy. Finds the state presented sufficient evidence to sustain the conviction.

Markquine A. Jordan v. State of Indiana (mem. dec.)
22A-CR-18
Criminal. Affirms Markquine Jordan’s conviction of Class B misdemeanor battery. Finds the evidence negates two elements of Jordan’s self-defense claim, namely, that he did not instigate the violence and that he reasonably feared for K.J.’s safety when he hit C.A.

Bland’s, LLC v. Shelter Mutual Insurance Company (mem. dec.)
22A-PL-343
Civil plenary. Affirms the dismissal of Bland’s LLC’s complaint against Shelter Mutual Insurance Company under Indiana Trial Rule 12(B)(6). Finds the Monroe Circuit Court did not err by dismissing the complaint for failure to state a claim. Also finds the trial court did err by dismissing the complaint with prejudice, but the error was harmless because Bland’s does not specify how it would amend its complaint.

Jordan Allen Collins v. State of Indiana (mem. dec.)
22A-CR-670
Criminal. Affirms and reverses in part the modification of Jordan A. Collins’ executed sentence after the COVID-19 pandemic suspended the work release program to which he was supposed to be directly committed. Finds the Hancock Circuit Court never had authority to impose a direct commitment to community corrections for Collins’ sex offenses. Also finds the trial court had authority to correct the illegal sentence. Remands for further correction, as the modified sentence still contains an improper direct commitment for the sixth year of Collins’ sentence.