Indiana State Prison facing $20M lawsuit for inmate’s stabbing death
The family of a man who was stabbed to death by another inmate in the Indiana State Prison has filed a $20 million civil rights lawsuit against prison officials.
Tyler Fenwick
Articles
COA splits, allows suit involving West Coast parties to proceed in Indiana
Parties from the West Coast who entered into two contracts with an Indiana company had sufficient contacts within the state to give an Indiana trial court jurisdiction over them, the Court of Appeals of Indiana ruled in a split decision.
Reassigned VA worker didn’t face discrimination or retaliation, 7th Circuit affirms
A Black female Veterans’ Administration employee who was reassigned to a different position failed to convince the 7th Circuit Court of Appeals that the VA discriminated or retaliated against her.
US courts bolster security, see drop in cases filed in 2022
The Administrative Office of the U.S. Courts highlighted its 2022 legislative goals and achievements — including a new law meant to protect federal judges’ personal information — in an annual report released Tuesday.
Northern District jury awards $5.5M in pregnancy discrimination case against Franciscan
A jury in the Indiana Northern District Court has awarded a Crown Point woman $5.5 million in a pregnancy discrimination lawsuit against the health system Franciscan Alliance.
In 5th appeal, COA affirms denial of PCR petition filed by man whose sentenced was slashed
A man whose sentence was previously reduced to less than half of the original term could not convince the Court of Appeals of Indiana that the denial of his post-conviction relief petition was erroneous.
No bones about it: COA rules children don’t have authority to take mother’s dog to father’s home
The children of divorced parents can’t take their mother’s dog to their father’s home during his parenting time, the Court of Appeals of Indiana has ruled in reversing a trial court’s order.
After effects: Post-COVID, bar pass rates dip for first-time takers in 2022 as scores level out
The American Bar Association Section of Legal Education and Admissions to the Bar recently released pass rates for first-time test takers in 2022, showing a 9 percentage point drop from 2020 and a slightly smaller decline from 2019 before the pandemic.
Proponents of increased juror pay bill point to better engagement
As it stands now, the pay to show up for jury selection is $15 per day. Those chosen to serve on a jury earn $40 per day, which comes out to $5 an hour for an eight-hour day. Legislation making its way through the Statehouse would double that pay.
COA: Man who hid from police, pulled arm away met definition of resisting law enforcement
A Shelbyville man who hid from police in an attic and pulled his arm away during an attempted arrest was properly found guilty of resisting law enforcement, the Court of Appeals of Indiana ruled in affirming a trial court’s decision.
LSC asking Congress for $1.5B as ‘justice gap’ widens
The Legal Services Corporation is asking for $1.5 billion from Congress in its fiscal year 2024 budget request, more than double its appropriation for 2023.
COA: Doctrine of res ipsa loquitur inapplicable in medical disclosure case
A northwest Indiana man whose medical information was somehow disclosed did not show the hospital had exclusive control over the information, the Court of Appeals of Indiana has ruled in affirming a trial court’s summary judgment in favor of the hospital.
Indianapolis man exonerated from wrongful murder conviction after 25 years in prison
A Marion Superior Court judge vacated the first-degree murder conviction of Leon Benson on Wednesday, after an investigation revealed evidence buried in the police file by the lead detective pointed to another man as the actual shooter.
7th Circuit reverses lower court’s finding in First Amendment case, affirms severability determination
Monroe County’s variance procedure operated as a prior restraint of speech, but it didn’t amount to a First Amendment violation, the 7th Circuit Court of Appeals has ruled in reversing a district court’s finding and vacating a permanent injunction.
COA: State law supports approval for Duke’s $2 billion economic development plan
Duke Energy will be able to proceed with a nearly $2 billion economic development plan after the Court of Appeals of Indiana ruled a regulatory commission’s approval met the requirements of state law.
Merrillville attorney convicted of child porn possession suspended 2 years; 2 justices vote for disbarment
A northwest Indiana attorney who last year pleaded guilty to possession of child pornography will be suspended from the practice of law for at least two years without automatic reinstatement. Two justices, however, voted in favor of disbarment.
IN justices vacate, remand trial court’s ruling in Montgomery Co. flooding case
The Indiana Supreme Court has vacated a trial court’s order finding that improvements to a drain caused repeated flooding to a Montgomery County couple’s farmland, ruling the trial court left one question unresolved.
State training board must admit Marion Co. sheriff’s deputies for de-escalation training, judge rules
The Indiana Law Enforcement Training Board must admit Marion County Sheriff’s Office deputies into its de-escalation training program, a Marion Superior Court judge has ordered.
COA: Man’s calls, messages to city employees amounted to unprotected ‘true threats’
A man who repeatedly called and messaged Fort Wayne city employees about parking enforcement made true threats not protected by the First Amendment, the Court of Appeals of Indiana has ruled.
COA: Common law duty of good faith doesn’t extend to surety-obligee relationship
The common law duty of good faith that applies to insurance does not extend to the relationship between a surety company and bond obligee, the Court of Appeals of Indiana has ruled.