Articles

Ruling striking law in homeless case mirrors Indianapolis debate

A California federal appeals court ruling that homeless individuals cannot be criminally charged for sleeping on public property reflected sentiments last fall that helped stop a proposed Indianapolis ordinance that barred people from sitting or lying on public property during certain hours.

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SCOTUS decision in Timbs civil forfeiture case just a start

The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?

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7th Circuit remands Indiana civil forfeiture case

In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.

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Ex-DOC nurse faces sanctions for allegedly false affidavits

A former Department of Correction nurse who treated an inmate now suing DOC for excessive force was on the stand in federal court Tuesday, facing possible sanctions after she allegedly submitted false statements claiming to be unaware of the inmate’s accusations.

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Judge threatens sanctions in DOC suit; attorneys claim honest mistakes

Two Indianapolis attorneys accused of filing false declarations on behalf of their state clients in an inmate’s excessive force lawsuit are facing federal court sanctions for the alleged misconduct, though the attorneys claim the issues giving rise to the court’s concerns were the result of honest mistakes.

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DOC deliberate indifference claim remanded to district court

Finding it is reasonable to infer that a former unit manager at the Putnamville Correctional Facility knew an inmate was in danger from gang violence but did nothing, the 7th Circuit Court of Appeals reversed a grant of summary judgment and remanded the case to the Southern Indiana District Court.

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Hoosier civil forfeiture case at SCOTUS tests excessive fines prohibition

Marion resident Tyson Timbs never expected to be the face of civil forfeiture reform at the United States Supreme Court. Several times during his five-year legal battle, Timbs wanted to throw in the towel. Sometimes, all he wanted was to put his past trouble with the law behind him. But he also said he wanted to fight against what he views as widespread unjust civil forfeiture practices.

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Ruling: DOC violating rights of inmates with hepatitis

The Indiana Department of Correction’s failure to provide inmates with recommended hepatitis C treatment violates their constitutional protections against cruel and unusual punishment, a federal judge ruled Thursday in a groundbreaking order.

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Prison doctor, nurse must face inmate’s lawsuit

Two medical care providers at the Miami Correctional Facility have lost their bid to end an inmate’s Eight Amendment lawsuit after a district court judge found evidence to reasonably support the inference that the providers were deliberately indifferent to his excruciating foot pain.

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