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Davis v. Mason, IN, Opinion, Guard Excessive Force, 2018 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2707 TERRY DAVIS, Plaintiff-Appellant, v. DAVID MASON and BLAKE THRASHER, Defendants-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. …
Article • January 31, 2018 • from PLN February, 2018
Indiana Jail’s Overdetention of Pretrial Detainees Erroneously Denied Class-action Status by The Seventh Circuit Court of Appeals reversed an Indiana federal district court’s denial of class-action status for a subclass in a civil rights action alleging that the policies and practices of the Marion County Sheriff’s Office caused pretrial detainees …
Brief • January 11, 2018
Baer v. Neal, IN, Opinion, Death Penalty, Habeas,2018 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15‐1933 FREDRICK MICHAEL BAER, Petitioner‐Appellant, v. RON NEAL, Superintendent, Indiana State Prison, Respondent‐Appellee. ____________________ Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. …
Article • January 8, 2018 • from PLN January, 2018
Filed under: Jail Specific
$1.23 Million Settles Indiana Jail Conditions Suit by Derek Gilna by Derek Gilna Officials in Floyd County, Indiana agreed on July 24, 2017 to settle a federal class-action lawsuit that alleged jail officials kept prisoners in padded cells, “deprived [them] of clothing, bedding, and hygiene products,” and tased and pepper-sprayed …
Article • December 27, 2017
Filed under: Food, Religious Diet
Indiana DOC Must Offer Passover Diet by Lonnie Burton by Lonnie Burton The Indiana Department of Corrections (IDOC) agreed after being sued to provide a Passover diet to a prisoner who was denied the meals under a prison policy that said prisoners not on a kosher diet the remainder of …
Indiana Woman Settles Claim that Clay County Police Officer Grabbed Her Breasts During Traffic Stop by Christopher Zoukis By Christopher Zoukis An Indiana woman who claimed that a Clay County, Indiana Reserve Sheriff's Deputy used unjustified, excessive, sexual force against her during a traffic stop settled her claim for an …
Article • December 7, 2017
Self-Serving Affidavits Admissible in Discrimination Suit by The Seventh Circuit Court of Appeals reversed a federal district court's summary judgment granted to Indiana's Whitley County Sheriff's Office in a racial discrimination suit. The court found that the district court erroneously applied the "common actor" provision to grant summary judgment, and …
Article • December 5, 2017 • from PLN December, 2017
Seventh Circuit: Corizon May be Liable for Failure to Coordinate Medical Care by Matthew Clarke by Matt Clarke On February 21, 2017, the Seventh Circuit Court of Appeals, in an en banc ruling, held that Correctional Medical Services, Inc. (now known as Corizon Health) may be held liable for deciding …
Brief • November 6, 2017
Filed under: Wrongful Conviction
Cooper v. City of Elkhart, IN, Complaint, Wrongfully Convicted, 2017 USDC IN/ND case 3:17-cv-00834-PPS-MGG document 1 filed 11/06/17 page 1 of 42 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA, SOUTH BEND DIVISION KEITH COOPER, ) ) Plaintiff, ) ) v. ) ) CITY OF ELKHART, …
Article • October 10, 2017 • from PLN October, 2017
Seventh Circuit Dissent: “A Dog Would Have Deserved Better Treatment” by Derek Gilna by Derek Gilna William A. Miller, incarcerated at FCC Terre Haute, a Bureau of Prisons (BOP) facility in Indiana, entered prison with a serious health problem – a thalamic brain tumor that required a lower bunk assignment, …
Article • October 10, 2017 • from PLN October, 2017
Corizon Loses Indiana DOC Medical Contract Amid Lawsuits by David Reutter by David Reutter In 2005, at the urging of then-Governor Mitch Daniels, the Indiana Department of Correction (IDOC) awarded a contract to privatize medical care for prisoners. The winning bidder, Prison Health Services, merged in 2011 with Correctional Medical …
Brief • October 6, 2017
Davis v. Krueger, IN, Complaint, Medical Negligence, 2017 Case 2:17-cv-00467-JMS-MPB Document 1 Filed 10/06/17 Page 1 of 11 PageID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION LEN DAVIS, ,,\'3.~(l,Li'.\Y_couRr VIY!SlOPi ' .. , U:> 17OCT -5 FM3: 35 ) ) ) ) Plaintiff, vs. JEFFREY …
Brief • September 29, 2017
Kulbacki v. Boyd, IN, Settlement, Excessive Force, 2017 GENERAL RELEASE AND INDEMNITY AGREEMENT 1. For payment to Marcin Kulbacki (the "undersigned") of Twenty Eight Thousand Dollars ($28,000), the undersigned completely releases, La Porte County and its Commissioners, La Porte County Sheriff John T. Boyd C'Sheriff Boyd"), Andrew L. Luse in …
Robb et al. v. Loop, et al., IN, complaint, wrongful death, 2017 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION MARK J. ROBB as Administrator of the ESTATE OF HANNA ROBB Plaintiff v. SHERIFF FRANK LOOP, in his individual and official capacities; FLOYD COUNTY SHERIFF’S DEPARTMENT; STEVE …
Article • September 8, 2017
Filed under: Tax Law, Religion Defined
Seventh Circuit Denounces "Sovereign Citizen" Claims in Otherwise Routine Denial of Frivolous Suit by Lonnie Burton by Lonnie Burton John Jones Bey sued the State of Indiana and county officials to enjoin them from taxing property he owns in Marion County, Indiana. He also sought a refund of past taxes …
Article • August 31, 2017
Indiana: Incarcerated Mother's Parental Rights Termination Overturned by Lonnie Burton by Lonnie Burton On November 10, 2016, the Indiana Court of Appeals reversed a lower court's order terminating the parental rights of a mother who found herself serving a seven month jail sentence for a drug offense. The appellate court …
Seventh Circuit Affirms Dismissal of Indiana Prison Counselor's Retaliation, Sex and Age Discrimination Lawsuit by Lonnie Burton by Lonnie Burton On December 10, 2014, the United States Circuit Court for the Seventh Circuit upheld a district court order dismissing a lawsuit brought by a former Indiana prison substance abuse counselor …
Article • August 30, 2017 • from PLN September, 2017
Indiana Court Cannot Reduce 45-Day Filing Fee Time Limit by The Indiana Court of Appeals reversed the dismissal of an indigent prisoner’s lawsuit for failing to pay the filing fee within 30 days, when he had complied with state law by paying within 45 days. Indiana prisoners are required to …
Article • August 22, 2017
Filed under: Police, Public Records Act
Notre Dame Police Department Not a 'Public Agency' and Indiana Supreme Court Dismisses ESPN Lawsuit Under Public Records Act by Lonnie Burton by Lonnie Burton On November 10, 2016, the Indiana Supreme Court reversed a Court of Appeals opinion and reinstated a trial court order dismissing an action brought by …
Brief • August 15, 2017
Buroff and Barnhart v. Gladieux, IN, Amended Class Action Complaint, jail prisoners' right to vote, 2017 USDC IN/ND case 1:17-cv-00124-TLS-SLC document 28 filed 08/15/17 page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION DEMETRIUS BUROFF and IAN BARNHART, individually and on behalf of all …
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