Contingency-fee forfeiture prosecutions not unconstitutional, federal judge rules
Indiana’s practice of allowing private prosecutors to collect a contingency fee on forfeiture proceeds is not a violation of due process, a federal judge has ruled.
due process
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Inmate suing jail officials for allegedly taking photos of her genitals, threatening to tase her
An inmate who alleges jail officers took photos of her genitals and threatened to tase her without provocation is suing those officers and the Henry County sheriff for constitutional violations.
Inmate placed in disciplinary segregation for 2 years loses summary judgment appeal
An inmate alleging his constitutional rights were violated in a prison disciplinary process that put him in segregation for two years has failed to find relief at the 7th Circuit Court of Appeals.
COA reverses, finding tenant denied due process in eviction proceeding
A small claims court violated a tenant’s due process rights when it did not give her adequate notice of a hearing on a nonemergency eviction claim and did not allow her to prepare and present her defenses, the Court of Appeals of Indiana ruled.
Man loses appeal of murder conviction in shooting death of Southport Police Lt. Allan
The man convicted of killing Southport Police Lt. Aaron Allan has lost his arguments on appeal that due process violations and insufficient evidence undercut his murder conviction.
7th Circuit allows student’s civil rights claims against Hammond officer following ride-along
A student who claimed her constitutional rights were violated when she was allegedly sexually assaulted and harassed on a police ride-along can bring a claim against a Hammond police officer, but not the city’s chief of police.
ACLU of Indiana files federal lawsuit challenging new law on classroom human sexuality instruction
An Indianapolis school teacher has teamed up with the American Civil Liberties Union of Indiana to challenge a new state law that prohibits instruction on human sexuality in grades K-3.
COA affirms revocation of probation for failed drug tests, new offenses in Ohio
The Court of Appeals of Indiana has affirmed the revocation of a man’s probation, finding the defendant violated his probation by failing drug tests and committing new offenses in Ohio.
Evicted tenant wins reversal for due process violation
A Housing Authority of South Bend tenant was deprived of her right to due process when she was not allowed to present her pro se defense during her eviction hearing, the Court of Appeals of Indiana has ruled.
IN justices consider transfer in remote commitment case
The Indiana Supreme Court heard arguments in a commitment case about whether a trial court wrongly denied a woman’s request to have her case heard in person during the COVID-19 pandemic – and whether it provided the necessary good cause as to why she couldn’t.
7th Circuit uphold dismissal of gun accessory manufacturer’s complaint
The owner of a firearm accessories manufacturing facility in southern Indiana who claimed his rights against search and seizure were violated when federal agents raided his business got a lesson on the Federal Rules of Evidence and the importance of precedent from the 7th Circuit Court of Appeals.
COA: Mentally ill man should’ve been denied pro se request
A mentally ill man who was committed after acting pro se has secured a reversal by the Court of Appeals of Indiana, as the appellate court determined he was not competent enough to waive his right to counsel.
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.”
COA allows rape case to proceed 35 years after incident
A Lake County man charged with multiple rapes 35 years after they occurred failed to convince the Court of Appeals of Indiana that his due process rights were violated and that the decadeslong delay was unjustified.
Elkhart man cleared of murder conviction suing city, county officials for constitutional violations
An Elkhart man whose murder conviction was overturned two years ago after he spent nearly 17 years in prison is now suing Elkhart County law enforcement officials who he claims conspired to exploit his mental disability and coerce a false confession.
IN justices affirm mother was afforded due process during virtual TPR hearing
A mother whose parental rights were terminated after a virtual hearing via Zoom has lost her appeal at the Indiana Supreme Court, which instead adopted as precedent a Court of Appeals analysis of how the mother’s due process rights were impacted by the virtual proceedings.
COA: No error in failure to preserve syringe for jury trial examination
A man was not denied due process when a syringe found in his car was not preserved for examination during a jury trial against him, the Court of Appeals of Indiana has ruled.