Seymour attorney disciplined by IN Supreme Court after 7th Circuit suspension
A Seymour attorney suspended by the 7th Circuit Court of Appeals for misconduct has been hit with reciprocal discipline from the Indiana Supreme Court.
7th Circuit Court of Appeals
Articles
Summary judgment for IWU affirmed on retaliation, age discrimination claims, but race discrimination claim remanded
The grant of summary judgment to Indiana Wesleyan University on a former employee’s retaliation and age discrimination claims has been upheld, but the issue of whether the employee’s termination was racially motivated has been remanded.
Indiana Court Decisions: May 19-June 1, 2022
7th Circuit Court of Appeals Published May 18, posted to theindianalawyer.com on May 19 Danielle Albert v. Kilolo Kijakazi, Acting Commissioner of Social Security 21-2592 7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’ A northern Indiana woman who applied for Social Security disability benefits shortly after graduating from high […]
7th Circuit dismisses prisoner’s appeal over wiretap warrant access for lack of jurisdiction
A federal prisoner’s appeal of a magistrate judge’s denial of his request to access a wiretap warrant from his case was dismissed Monday after the 7th Circuit Court of Appeals found the order was not entered by a district judge and that it ultimately lacked jurisdiction to do anything else with the case.
7th Circuit affirms judgment to Eskenazi in dental hygienist’s discrimination suit
A dental hygienist who claimed she did not get a pay raise as a result of racial discrimination lost her appeal of the judgment in favor of her employer at the 7th Circuit Court of Appeals.
7th Circuit affirms dismissal of Indiana homeowners’ suit over Lake Michigan beach ownership
Continuing a yearslong legal battle over property rights along Indiana’s Lake Michigan shoreline, the 7th Circuit Court of Appeals upheld the dismissal of a lawsuit brought by property owners who claimed an Indiana Supreme Court decision upholding public rights to the shoreline constituted an unlawful taking of their property.
Pryor may have easier path to 7th Circuit confirmation than past nominees
Now that she has been nominated to the 7th Circuit Court of Appeals, Magistrate Judge Doris Pryor of the Southern Indiana District Court is facing a journey to the appellate bench that has not always been smooth for Indiana judges tapped by Democratic presidents.
Indiana Court Decisions – May 5-18, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit affirms dismissal of habeas petition, but overturns 2 cases on jurisdiction
The 7th Circuit Court of Appeals has affirmed the dismissal of a parolee’s habeas petition for failure to exhaust state remedies, but not for lack of jurisdiction. In reaching its decision, the appellate court overturned two precedents described as causing “mischief.”
7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’
A northern Indiana woman who applied for Social Security disability benefits shortly after from graduating high school did not convince the 7th Circuit Court of Appeals that an administrative law judge erred in denying her claim.
Martinsville school must allow trans student to use restroom aligning with gender identity pending appeal
The Martinsville school district must continue to allow a transgender middle school student to use the restroom that aligns with his gender identity after a federal court declined to put a stay on its preliminary injunction in favor of the student.
7th Circuit dismisses CHINS lawsuit challenging Indiana’s foster care system
The 7th Circuit Court of Appeals has dismissed a lawsuit pushing for better treatment of children in Indiana’s foster care system, finding it difficult to determine what options for relief are open to a federal court but closed to a CHINS court.
Indiana prisoner barred from filing in Northern District due to fraudulent conduct
The 7th Circuit Court of Appeals has ruled the U.S. District Court for the Northern District of Indiana didn’t err when it dismissed two lawsuits with prejudice and imposed a two-year filing bar on an inmate who knowingly submitted a fraudulent grievance form.
COA: Out-of-state sex offender registration requirement does not violate Indiana Constitution
The Court of Appeals of Indiana has upheld a finding that the retroactive application of the state’s sex offender registration requirements does not violate the Indiana Constitution’s ex post facto clause.
7th Circuit: No disability discrimination in former Lake Co. officer’s pension plan
A disabled former Lake County police officer who claimed that his disability pension plan should provide the same cost-of-living increases that nondisabled retirees receive did not sway the 7th Circuit Court of Appeals.
7th Circuit denies convicted murderer’s habeas petition after admission of absent witness’s prior testimony
A man convicted of murdering his drug dealer more than a decade ago has again been denied habeas relief after the 7th Circuit Court of Appeals affirmed that the admission of prior testimony from an absent, but key, witness wasn’t done in error.
7th Circuit finds for insurance company in adjuster’s game of chess
A public adjuster who assured an Indiana homeowners association that the way to get a claim for storm damage processed was to play a game of chess with the insurance company, got checkmated when he failed to heed the deadline for filing a lawsuit, prompting the 7th Circuit Court of Appeals to make this observation: “Such is the price of gamesmanship.”
Indiana Court Decisions – April 21-May 4, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit rules immigrant did not offer evidence to support CAT claim
A Kenyan citizen, who is trying to avoid deportation after committing a “particularly serious crime,” has had his claim for relief under the Convention Against Torture denied by the 7th Circuit Court of Appeals because he failed to provide the necessary supporting evidence.
Martinsville schools ordered to let trans student use boys’ restroom
The Martinsville public school district has been ordered to allow a transgender middle school student to use the school restroom that aligns with his gender identity.