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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
Lily Abebe v. Health and Hospital Corporation of Marion County
21-2614
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to Health and Hospital Corporation of Marion County, also known as Eskenazi Health, in an employment discrimination case filed by Lily Abebe. Finds Abebe cannot establish a prima facie case of discrimination, nor can she demonstrate that Eskenazi Health’s reason for the low scores on her 2018 performance review was pretextual. Also finds Abebe failed to provide sufficient evidence to establish a causal connection between her contact with the Equal Employment Opportunity Commission and the issuance of her performance improvement plan. Finally, finds Abebe cannot demonstrate that issuing the plan was an adverse employment action.
Wednesday opinions
Court of Appeals of Indiana
Timothy DeWayne Forshee v. State of Indiana (mem. dec.)
21A-CR-2228
Criminal. Affirms Timothy DeWayne Forshee’s sentence to an aggregate of five years executed for his convictions of three counts of Level 5 felony sexual misconduct with a minor. Finds the Madison Circuit Court did not abuse its discretion in sentencing Forshee. Also finds Forshee’s sentence is not inappropriate.
Michael Middaugh v. State of Indiana (mem. dec.)
22A-CR-5
Criminal. Affirms Michael Middaugh’s aggregate sentence of 46 years for his convictions of two counts Level 1 felony rape and for being a habitual offender, which was ordered to be served consecutively to a 45-year sentence he received from Elkhart County. Finds the Marshall Superior Court did not abuse its discretion in sentencing Middaugh.
Joshua Ptak v. State of Indiana (mem. dec.)
21A-CR-2386
Criminal. Affirms Joshua Ptak’s conviction of Level 3 felony robbery resulting in bodily injury. Finds the Lake Superior Court did not abuse its discretion in admitting Officer Joseph Kelnhoffer’s testimony regarding Dymond Quinones’ statement to him about the identity of her assailants, and any error in admission would be harmless. Also finds the state has met its burden to prove that Ptak knowingly or intentionally aided, induced or caused Robinson Mora or Angel Salazar to commit robbery of Quinones.
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