ACLU files Wabash County Jail overcrowding suit
Raising allegations of unconstitutional conditions, the American Civil Liberties Union of Indiana has filed a lawsuit against Wabash County for “chronic” jail overcrowding.
civil rights
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Timbs forfeiture case back in trial court for excessiveness ruling
Little more than a year after the United States Supreme Court handed down a landmark decision incorporating to the states the Eight Amendment protection against excessive fines, the Grant County man who bears the name of the case is headed back to trial.
Booker T. Washington in Indiana topic of Black History Month CLE
The U.S. District Court for the Southern District of Indiana celebrated Black History Month last week with a public presentation of Booker T. Washington, an important activist and leader in the African American community.
Southern Indiana District Court serves breakfast thanks to pro bono attorneys
Lawyers who volunteered to handle pro se cases brought by inmates last year took the time Thursday to attend a special thank you event hosted by the U.S. District Court for the Southern District of Indiana.
Access to justice, voting rights, bail reform on ABA midyear meeting agenda
Rural communities’ access to justice, bail reform and ensuring voting rights for individuals with criminal convictions will be chief among several criminal justice topics set for discussion during next month’s 2020 American Bar Association Midyear Meeting.
Bill mandating harsher penalties for juveniles passes Senate committee
A bill increasing the penalties for juvenile offenders passed a Senate committee Tuesday night despite more than an hour of testimony from judges, attorneys, social workers, pastors and former inmates who all voiced strong and sometimes emotional opposition.
IU professor arrested amid protest against white nationalism may sue
An Indiana University associate professor arrested last summer while protesting against a farmers market vendor alleged to have ties to a white supremacist group has taken a step toward filing a civil lawsuit against the city of Bloomington.
Lawyers: Immigration court system is ‘red tape gone crazy’
The Associated Press visited immigration courts in 11 cities more than two dozen times during a 10-day period in late fall, including Chicago’s two locations, which serve Illinois, Indiana and Wisconsin. They found inefficient proceedings leading to years-long gaps between court dates, misplaced files, missing interpreters and immigrants not knowing how to fill out forms or get them translated.
Bill would give undocumented Hoosiers ‘driving cards’
Under legislation introduced in the Indiana House, “driving cards” and driving card learner’s permits would be available to undocumented immigrants living in Indiana. The cards would be limited only to showing proof of driving qualifications and allowing a holder to obtain insurance.
Judge orders sanctions against state attorney, DOC
Monetary sanctions potentially exceeding $100,000 and default judgment have been entered against state defendants and their attorney in a prisoner case that the presiding federal judge said “shattered” her trust in the defendants’ litigation practices.
Religious retaliation, accommodation claims to continue against Brownsburg schools
A federal lawsuit alleging Brownsburg schools discriminated against a former teacher who refused to address transgender students by their chosen first names will continue with claims brought under Title VII, though 11 other state and federal constitutional claims against the school district were dismissed. The judge also cautioned both sides against efforts to expand the issues in the case to nonparty students.
Judge orders sanctions against state attorney, DOC in prisoner litigation
Monetary sanctions and default judgment have been entered against state defendants and their attorney in a prisoner case that the presiding federal judge said “shattered” her trust in the defendants’ litigation practices. The judge also imposed new requirements on lawyers in the Indiana Attorney General’s office who defend the Department of Correction in prisoner civil-rights cases.
Alternative approaches: Pew study finds civil legal problems impacting 47% of US households
After finding the need for civil legal assistance in the United States is widespread across all income levels — and perhaps spread wider than previously thought — The Pew Charitable Trusts sees a need for new solutions to addressing the problems experienced by many individuals and families.
AG opinion: Indiana gun rights restored after expungements
Indiana residents who’ve had felony convictions expunged from their criminal records are eligible, in most circumstances, to again buy and obtain a license to carry guns, according to an opinion from the state attorney general’s office.
To overcome travel ban, some Americans taking cases to court
Mohammed Hafar paced around the airport terminal — first to the monitor to check flight arrivals, then to the gift shop and lastly to the doors where international passengers were exiting. At last, out came Jana Hafar, his tall, slender, dark-haired teen daughter who had been forced by President Donald Trump’s travel ban to stay behind in Syria for months while her father, his wife and 10-year-old son started rebuilding their lives in Bloomfield, New Jersey, with no clear idea of when the family would be together again.
7th Circuit largely affirms for law enforcement in Carmel ‘pill mill’ case
Law enforcement who charged physicians and staff in an Indiana pill mill investigation will not face a suit from the cleared defendants, the 7th Circuit Court of Appeals has ruled, with the exception of an employee who worked as a parking lot attendant.
Former ‘America’s Most Wanted’ suspect can’t sue Mexican prison in US
A former fugitive arrested in Mexico after his case alleging a scheme to defraud the US military was profiled on the former Fox Network television series “America’s Most Wanted” cannot sue authorities at a Mexican prison where he claims he was tortured.
7th Circuit: Officer who broke resisting arrestee’s leg entitled to qualified immunity
The 7th Circuit Court of Appeals affirmed an Indianapolis police officer is entitled to qualified immunity in a federal civil-rights lawsuit filed after he took down a handcuffed man, fracturing the suspect’s leg in the process.
Indiana petitions SCOTUS to block South Bend abortion clinic
The state of Indiana has asked the nation’s highest court to reverse a ruling that permitted a South Bend abortion clinic to open its doors earlier this year after a year-long licensing battle.
COA reverses murder conviction in trailer fire over suspect’s statements
The Indiana Court of Appeals has reversed a man’s murder conviction stemming from a trailer fire. The appellate court concluded the man was incorrectly denied his motions to suppress incriminating statements made to police after he indicated he was done talking to them.