Opinions March 15, 2022

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Monday.
Tiffany Poole v. Kilolo Kijakazi, Acting Commissioner of Social Security
21-2641
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney
Civil. Reverses the Southern Indiana District Court’s ruling affirming the denial of Supplemental Security Benefits to Tiffany Poole. Rules the administrative law judge’s decision that Poole could only do sedentary work that did not require her to stand for more than two hours a workday was contradicted by the finding that Poole could not sit for extended periods of time and would need a job where she could stand for four hours during an eight-hour shift. Declines to address Poole’s alternative argument that the ALJ’s decision did not follow from the vocational expert’s responses to the three hypotheticals posed during the hearing. Remands to the Social Security Administration for further proceedings.

United States of America v. Kenneth R. Hyatt
21-1212
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Reverses the Northern District’s sentencing order that Kenneth R. Hyatt be imprisoned for 24 years for several child pornography offenses. Finds the district court erred when it added two offense levels for knowing distribution of child pornography pursuant to U.S.S.G. § 2G2.2(b)(3)(F). Finds there’s no evidence that indicates that Hyatt intended to share the image, which he saved in a cloud. Finds Hyatt didn’t waive his right to argue this on appeal and the error was prejudicial. Remands for further proceedings.

Tuesday opinions
7^th Circuit Court of Appeals
Ashaki Paschall and Gerald Ragland v. Tube Processing Corporation
21-1853
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s conclusion that Ashaki Paschall and Gerald Ragland did not produce sufficient evidence from which a reasonable factfinder could conclude that they satisfied all the elements of their sexual harassment and racial discrimination claims brought against their former employer, Tube Processing Corporation.

Court of Appeals of Indiana
Lakesha L. Norington v. Jonathan Cruz (mem. dec.)
21A-CT-1855
Civil tort. Affirms the dismissal of Lakesha Norington’s complaint seeking civil damages against correctional officer Jonathan Cruz for criminal acts he allegedly committed against her during and after a prison disciplinary incident. Finds Norington has failed to show that her complaint against Officer Cruz states a claim upon which relief can be granted.

John T. Mangus v. State of Indiana (mem. dec.)
21A-PC-1885
Post conviction. Affirms the denial of John Mangus’ petition for post conviction relief for his guilty plea of rape. Finds that because the state was not on notice that the guilty plea was subject to an ineffective assistance of counsel challenge, the appellate court “cannot know what evidence the State would have presented to counter Mangus’s claim.”

Daphne Yolanda Wright and the Estate of Kenneth Bracken v. Shirley Dobbins (mem. dec.)
21A-CT-1898
Civil tort. Reverses the Marion Superior Court’s grant of summary judgment to Shirley Dobbins in a wrongful death suit brought against her by Daphne Wright after finding that Dobbins’ designated evidence reveals a genuine issue of material fact as to breach and causation. Remands for further proceedings.

Bruce A. Wilson v. State of Indiana (mem. dec.)
21A-CR-2178
Criminal. Affirms the denial of Bruce Wilson’s motion to correct erroneous sentence. Finds that the trial court did not abuse its discretion when it denied Wilson’s motion to correct erroneous sentence. Judge Leanna Weismann concurs in a separate opinion.