Articles

7th Circuit: Officer entitled to qualified immunity

Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of
Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause
determination to arrest them.

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7th Circuit: amendment applies to all mortgages

A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.

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Full appeals court decides on IPAS case

Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.

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Boy can’t sue for lack of probable cause

The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.

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Woman can’t prove pregnancy discrimination

The 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the company knew she was pregnant when it decided to relocate her to another office.

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Ex-racer loses appeal on Porsche ownership

The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.

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Estate entitled to hearing on cause of fire

A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.

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7th Circuit affirms permanent injunction

The 7th Circuit Court of Appeals upheld an injunction preventing the application of Indiana’s Uniform Consumer Credit Code to an Illinois company because it violates the commerce clause of the U.S. Constitution.

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7th Circuit addresses digital media searches

Despite being troubled by some aspects of a police officer’s search of computers of a man charged with voyeurism – during which the officer discovered child pornography – the 7th Circuit Court of Appeals found the search didn’t exceed the scope of the original warrant.

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7th Circuit Court: Class action suit isn’t moot

A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.

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Court puts death penalty case on hold

The 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned
convict's death penalty appeal on hold indefinitely because of his current mental state.

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7th Circuit affirms writ of habeas corpus

On remand from the Supreme Court of the United States, the 7th Circuit Court of Appeals affirmed the District Court’s conditional grant of the petition for a writ of habeas corpus for a man facing the death penalty.

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7th Circuit: expenses were capital expenditures

An Indianapolis-based health insurer can’t deduct its settlement payments or legal expenses from the litigation because the insurer’s payments were actually capital expenditures, the 7th Circuit Court of Appeals affirmed today.

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Judge dissents on qualified immunity issue

Judges on the 7th Circuit Court of Appeals disagreed as to whether law enforcement officers were entitled to qualified immunity for their use of flash-bang devices in attempting to remove a suicidal man from his home.

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Man not prejudiced by attorney’s assistance

Even though a defendant's counsel was found to be ineffective based on his "television fantasy" trial strategy, the 7th Circuit Court of Appeals affirmed the District Court denial of his petition for habeas corpus because he didn't show he was prejudiced by his attorney's performance.

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Circuit Court vacates drug sentence

The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.

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