Civil commitment laws shifting across states
While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.
civil rights
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Judge rules for Hendricks County deputy in mentally ill man’s slaying
A federal judge has ruled in favor of several parties, including a Hendricks County sheriff’s deputy, after a mentally ill man was fatally shot during a welfare check.
Suit: Indiana’s absentee voter verification system unconstitutional
Common Cause Indiana and a group of registered voters in St. Joseph County are challenging the process Indiana uses to validate absentee ballots, calling it constitutionally flawed and asking a federal court to prohibit the state from rejecting absentee ballots based solely on perceived signature mismatches.
7th Circuit lets Fort Wayne police shooting case proceed
The 7th Circuit Court of Appeals declined to end an excessive force lawsuit against a Fort Wayne police officer, finding a review of the video of the shooting and arrest does not “utterly discredit” the plaintiff’s contentions that he was shot while trying to comply or did not have to respond to the officer’s commands.
Web Exclusive: Supported decision making makes strides
After three years of collaboration and research, efforts to create more options of independence for Hoosiers who face the confines of a guardianship have come to fruition. Those new options include legal recognition of supported decision making.
Prisoner rights case challenges forced labor in private prisons
An inmate lawsuit filed against New Castle Correctional Facility seemingly marks the first time a judge has ruled that a private prison operator can be liable for human trafficking in a punitive setting.
Majority justices won’t hear more commitment appeals lacking judge’s signature
Indiana Supreme Court justices split over whether to grant transfer in two civil commitment order cases last week but granted transfer in two similar cases in a per curiam opinion that disapproved of a Marion County judge’s practice of permitting a presiding commissioner to sign the orders in his place.
Supreme Court: Summarily approved commitment orders not valid
The Indiana Supreme Court has expressly disapproved of a Marion County judge’s practice of summarily approving civil commitment orders individually reviewed by the presiding commissioner, though the justices also noted that the fact that the defendants' commitment orders have expired makes their appeals moot.
ACLU sues to block latest Indiana abortion law
The American Civil Liberties Union has once again filed a federal lawsuit challenging an Indiana abortion law, this time filing a complaint against recently signed legislation that would place new restrictions on second-trimester abortions.
Reversal reinstates wrongful arrest suit against conservation officer
Summary judgment for a conservation officer was reversed Thursday after the Indiana Court of Appeals found, among other things, that his actions in procuring the prosecution of a woman who killed his dog were not noncriminal.
SCOTUS to hear arguments over citizenship question on census
The United States Supreme Court is set to hear arguments over the Trump administration’s plan to ask about citizenship on the 2020 census, a question that could affect how many seats states have in the House of Representatives and their share of federal dollars over the next 10 years.
Supreme Court to take up LGBT job discrimination cases
The Supreme Court is taking on a major test of LGBT rights in cases that look at whether federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity.
Reversal: Inmate denied DOC manual gets new trial
An inmate’s claims he was denied a fair trial can move forward now that the Indiana Court of Appeals has concluded the state’s failure to provide him with an Indiana Department of Corrections professional conduct manual left him unable to prepare a proper defense against an officer who shoved him.
Same-sex birth certificate case stalls at 7th Circuit, putting families in limbo
Both Jackie Phillips-Stackman and her wife, Lisa, carry copies of their daughter’s birth certificate with them wherever they go as they wait for the 7th Circuit Court of Appeals to issue an opinion that they fear could upend their family.
Fifty women say Salesforce helped traffickers exploit them
Fifty women who describe themselves as survivors of sex trafficking on the now-defunct Backpage.com web portal accuse Salesforce.com Inc. of profiting off each advertisement.
Elkhart officers indicted for beating handcuffed suspect
Two Elkhart police officers who are alleged to have repeatedly punched a handcuffed man were indicted Thursday by a federal grand jury in Hammond for using excessive force against an arrestee.
Judge sanctions lawyer, ex-DOC nurse in inmate abuse case
After declaring her trust in the statements submitted by defendants in prisoner litigation cases “shattered,” a federal judge imposed sanctions — some as as severe as default judgment — on a former prison nurse and her attorney accused of misconduct as serious as perjury.
Legal aid initiative enables those with disabilities
Tangram, a nonprofit in Indianapolis that provides support for individuals with disabilities, joined forces in 2016 with Indiana Legal Services to launch the Providing Legal Assistance to Individuals with Disabilities initiative. PLAID assistance has since improved the lives of hundreds of clients statewide.
Suit: Kids in CHINS cases need attorneys
A nonprofit that gave Indiana an F grade in how the state provides for minors in child in need of services and termination of parental rights hearings asserts in a new lawsuit that children a have right to counsel so their voices be heard in court.
Judge: Exonerated man’s suit against Elkhart police may proceed
A civil rights lawsuit filed by pardoned ex-prisoner Keith Cooper has been allowed to continue, with a federal judge ruling Tuesday that Cooper’s federal malicious prosecution and related claims are not time-barred. However, the judge also raised questions as to whether the relevant statute of limitations should be revised.