Indiana Court Decisions: Sept. 22-Oct. 5, 2022
Read Indiana appellate court decisions from the latest reporting period.
7th Circuit Court of Appeals
Articles
7th Circuit affirms for ex-officer in fatal shooting of South Bend Black man
The family of a Black South Bend man who was fatally shot by a now-resigned white police officer found no relief from the 7th Circuit Court of Appeals after it concluded that the officer gave the man “a chance to live” before shooting.
US high court asked to undo Indiana Lake Michigan ruling
Three property owners with land along northwest Indiana’s Lake Michigan shoreline have asked the U.S. Supreme Court to undo a 2018 ruling by Indiana’s high court that declared the shoreline is owned by the state for the public’s enjoyment.
7th Circuit: Inmate found ‘too late’ in substituting placeholders with real names should have chance to amend some claims
An inmate who filed a suit against more than a dozen individuals using placeholders should have the chance to amend his claims against some of them, the 7th Circuit Court of Appeals has ruled.
7th Circuit affirms for insurer who denied workers’ comp claim for Kentucky injury
An insurance company that wasn’t notified that a policy-holding subcontractor did work outside of Indiana has convinced the 7th Circuit Court of Appeals that it wasn’t required to cover a worker injured in Kentucky.
Black woman loses appeal of judgment for VA on employment discrimination claims
A Black woman who sued the VA for alleged employment discrimination has failed to overturn the grant of summary judgment to the federal agency, with the 7th Circuit Court of Appeals concluding the woman failed to prove discrimination based on her race or gender.
Indiana Court Decisions: Sept. 8-21, 2022
Read Indiana appellate court decisions from the most recent reporting opinion.
Indiana teacher joins religious accommodation fight at SCOTUS
Former Brownsburg music teacher John Kluge has joined a chorus of religious freedom advocates in urging the U.S. Supreme Court to use a Title VII employment case to overturn an “egregiously wrong” 45-year precedent that advocates claim prevents employees from obtaining accommodations for their religious practices.
7th, 8th circuits host Bill of Rights contest for students
In celebration of National Bill of Rights Day, Indiana middle and high school students have been invited to partake in a multistate art and writing contest hosted by the United States Courts of Appeals.
7th Circuit rules partially for defendant, officers, city in police-impersonation case
The 7th Circuit Court of Appeals has affirmed, reversed and vacated multiple partial summary judgment awards for a man who was cleared of impersonating police and who later sued the officers who arrested him.
Split 7th Circuit allows racial housing-discrimination claims to proceed against individuals but not Kokomo HOA
A Black couple subjected to racist harassment from their neighbors may proceed to jury with their racial housing discrimination claims, a split 7th Circuit Court of Appeals has ruled. A dissenting judge, however, argued that a nexus between discriminatory treatment and an adverse housing action was lacking in their claims.
As Indiana courts rule for Catholic church, one discrimination case still undecided
In dismissing a lawsuit filed by a gay teacher against the Archdiocese of Indianapolis, the Indiana Supreme Court became the second court to rule against an LGBTQ educator by finding that hiring and firing decisions are church matters not governed by the state.
7th Circuit affirms ruling for insurer that prevented death of injured show horse
The 7th Circuit Court of Appeals has affirmed a ruling for an insurance company that chose to save an injured show horse’s life despite its owner’s wishes.
Maley: 7th Circuit addresses amending pleadings after deadline
In Allen v. Brown Advisory, LLC, 41 F.4th 843 (7th Cir. 2022), the plaintiff appealed from the dismissal of his action and denial of his motion to amend his complaint. The 7th Circuit Court of Appeals affirmed; the discussion on seeking to amend pleadings after the amendment deadline has passed is relevant procedurally and provides an excellent primer.
Indiana Court Decisions: Aug. 11-24, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit holds immigrant failed to argue the merits of his claim
The 7th Circuit Court of Appeals has denied an Eritrea immigrant’s attempt to become a naturalized citizen, holding he had waived his arguments at the appellate level because he focused on the procedure for processing his application rather than on the merits of his claim.
7th Circuit denies request for en banc hearing in transgender sports lawsuit
A request by the state for the entire 7th Circuit Court of Appeals to hear a case challenging a new Indiana law that prohibits transgender girls from participating in K-12 girls’ sports has been denied.
7th Circuit affirms for city of Indianapolis in bar brawl involving off-duty officers
A man who was knocked out by two off-duty Indianapolis police officers during a bar fight and was initially awarded more than $1 million in damages against the city could not convince the 7th Circuit Court of Appeals that the municipality should be held vicariously liable for its employees’ actions.
Missed opportunity waives arguments for appeal against $110K restitution order
A convicted sex offender’s perceived legal strategy for avoiding a six-figure restitution judgment backfired when the 7th Circuit Court of Appeals determined he had waived the issue because he did not raise his arguments at sentencing.
7th Circuit: Prisoner failed to exhaust administrative remedies before filing 8th Amendment suit
An Indiana inmate who alleged a doctor and nurse were deliberately indifferent to his medical needs has failed to convince the 7th Circuit Court of Appeals that his appeal is not precluded by his failure to exhaust administrative remedies.