Wilma Grace (Bateman) Combs, 87, passed away peacefully Saturday, April 27, 2019, at her home in Elberfeld Indiana. She was surrounded with love from her daughter, Teresa, her son, Chris and her son-in-law, Ken. She is at peace with our lord and savior and is reunited with her husband Keith who passed away last year.
Wilma was born on October 8, 1931 to the late Frank Henry and Opal (Williams) Bateman in rural Warrick County outside of Boonville Indiana. Wilma was the 3rd of eight children. She had 6 sisters and 1 brother.
She is survived by her daughter, Teresa Kay Allen (Ken) of Elberfeld, Indiana, son Christopher Allen Combs (Kara) of Newburgh Indiana, son Stanley Keith Combs of Boonville Indiana, sisters; Helen Elzer of Evansville In, Edith Bullock of Boonville In, Martha Heitcamp (Peter) of Middletown Springs VT, brother; Charles Bateman of Woodbury MN, Brother-in Law; Harvey Gene Combs (Debbie) of Plainfield In, grandsons; Shane Keith Allen (Ariel) of Evansville In, Kevin Andrew Allen (Vanessa) of Jacksonville NC, Cayman Christopher Combs of Boonville In, great grandsons Skyler and Eli of Jacksonville NC. She had 24 nieces and nephews who loved her very much. They always loved to go to Aunt Wilma and Uncle Keith’s house.
In addition to her parents, Wilma was preceded in death by Keith, her beloved husband of 66 1/2 years, her mother and father in law William E. Combs Sr. and Bonnie Fern Combs. Also preceding her were sisters; Lois Gorrell, Nera Schultze, Ruth Stamps, brothers-in-law Williams E. Combs Jr, Donald Elzer and Tim Schultze, sisters-in-law Vera Jean Combs, Carolyn (Cookie) Combs and Betty Combs.
During her childhood Wilma lived on a farm in Warrick County. She entertained her grandchildren with stories of how they had no inside plumbing, kerosene lamps, a wood stove for heat, a hand pump for water, and how far they had to walk to catch the bus to school. She told them about walking behind a plow pulled by horses to plant the crops, gathering eggs, plucking chickens and how she really hated milking the cows because they stepped on her toes. She learned to can and preserve. She especially liked to make jellies, tomato juice and freeze corn, which she and her daughter continued through the end of last summer. As she got older, and became more involved in school activities, she and two sisters would spend more time in town with their grandparents. By her teen years they were living with them. She was a member of the high school choir, 4-H, church, sub deb club, as well as several others. Wilma did a lot of babysitting and also took care of her great aunt’s granddaughter. She was never afraid of hard work. During high school, she and her friend Vera Gammons (who later became her sister-in-law) would run to the Dinner Bell restaurant and wait tables for their lunch and a few tips. Then they ran back to finish their school day. She was in the homecoming court with her good friend Dorothy Collins. Wilma was a popular girl who made friendships that lasted a lifetime, so much so that her daughter still thinks of some of those friends as her Aunts.
One evening while at her friend Evelyn (Barclay) Henderson’s house she met a young man. His name was Keith Combs. They hit it off and dated through the rest of high school and college. Keith was an athlete who played basketball, baseball and football. He also coached and refereed for over 30 years. She used to laugh and say she would like a dollar for every game she watched or every mile he ran. Keith’s best friend was Bob Folsom. Bob was dating her friend Dorothy Collins (whom he later married). They graduated from Boonville High School in 1949 and the four remained friends for the rest of their lives. Her best friend Dorothy passed away on April 17, 2019, just 10 days before Wilma. Their daughters Teresa and Becky grew up together, even though one lived in the city and one in the country. Like their parents they have always been friends (sisters of the heart) and will remain so forever. We rest easy knowing our parents are together again in heaven.
After graduating Wilma worked as a telephone operator in Boonville and attended Lockyear Business College.
On June 8, 1951 Wilma married Keith Combs (the love of her life) at Main Street United Methodist Church in Boonville. They lived a wonderful fulfilling life together for over 66 years. Together they raised 3 children. Wilma was always strong in her faith and made sure the children went to church. They attended Central Methodist, and later the Methodist Temple where she taught Sunday school. Wilma was a Girl Scout leader, den mother, Boy Scout leader, 4-H leader, room mother and active member of the PTA. She and Keith supported their children activities, whether it was sports, music or life in general. When their youngest child was 10 she decided to go back into the workforce. However, she wasn’t sure she what wanted to do. One day at Dr. Parvin Raibley’s DDS office she told him that she wanted to get a job. Parvin was another friend from high school. He suggested she talk to his son Bruce. Bruce was just graduating from dentistry school and setting up practice in the same building as his dad. Somehow she got the courage to speak to Bruce about it. She told him that she didn’t know anything about being a dental assistant. He said he didn’t know anything about running an office so they would learn together. Whenever he hired a new girl they would ask what am I supposed to do. His answer was just do what Wilma does and you’ll never go wrong. They worked together side by side until she retired 33 years later. When their son Chris wanted to start his landscaping business they let him put up a shade building in their back yard on Covert Avenue. That was the start of Combs Landscaping and Nursery. Not one to stay idle Wilma was always doing something or helping someone. Over the years many nieces and nephews stayed at their house. Their door was always open and there was more than enough love to go around. 15 years ago they decided to move from Evansville. They built a new home close to Elberfeld. It was built by their son Chris who owns and operates CAC Custom Homes. Both Keith and Wilma loved their new home. They enjoyed sitting on their back porch watching the deer, rabbits, hummingbirds, turkeys, and other wildlife. After moving to Elberfeld, they started attending Zoar United Church of Christ.
Wilma was a member of the Order of Easter Star in Boonville. She and Keith loved to Square Dance and spend time with family and friends. Wilma was a great cook. Dinners at her house were always looked forward to. She loved to read, play bingo, Sequence, and watch the Hallmark Channel. She and her daughter would call each other to say there is a good movie on. Be sure to watch! Wilma loved to watch the birds and had several feeders in her back yard. She also collected Department 56 houses in the North Pole series. The St. Louis Cardinals were a favorite of both Keith and Wilma. If there was a game on, they were probably watching. Over the years they went to St. Louis for many games and she proudly wore her Molina shirt. She also liked the Colts and the Pacers. Wilma had season tickets for the Philharmonic Pops Concerts and attended for years. She was a member of a Boonville Bridge club that played twice a month. Many members were lifelong friends. Wilma also played in the Evansville 3-Arts Teacher’s wives club for over 40 years. In the last year she had helped her daughter learn to play as well. Once a month she met with high school friends at Double D’s Restaurant in Boonville for lunch. She also loved to go to garage and estate sales.
Keith and Wilma loved to travel. They took several cruises with friends and family. Their trips took them from coast to coast and several places around the world. They went to San Diego for their oldest grandson, Shane’s birth. They flew to Guam for their second grandson, Kevin’s birth and years later attended his wedding in Mexico. They didn’t have far to go when their youngest grandson, Cayman was born here in Evansville. They went with several of her siblings to Germany for a nephew’s wedding. They have also been to Atlantis in the Bahamas, Hawaii, and Barbados.
Shortly before Keith passed away, she and Keith had decided to start going back to Main Street United Methodist Church. They were married there 66 years ago and it felt like going home. Wilma and her daughter continued to attend whenever she felt well enough.
Wilma was a gentle loving soul. I never heard her utter an unkind word about anyone. She was loved by all who knew her and will be missed very much. She was a wonderful wife, daughter, sister, aunt, and the best mother a kid could ask for! God has a beautiful new angel in heaven.
From your children: Mom, you were the greatest. You were always there for us with advice, understanding and most of all unconditional love. You will be missed more than words can express. We will keep you in our hearts and always try to live by your example!
Wilma’s children would like to add a very special thanks to Dr. Karl Sash who took such good care of our mother and father. You are a great doctor and a truly wonderful friend. We would also like to thank all the staff of Heart to Heart Hospice. Without your help her journey would have been much harder to bear. We would also like to send a very heartfelt thanks to Jamie, Julie, Lora and Melody.
Visitation will be Sunday May 19, 2019 from 3-5 PM at the Main Street United Methodist Church, 222 E. Main Street, in Boonville Indiana. Funeral service will follow immediately afterward at 5 PM. Interment will be at a later time. Flowers may be sent to Koehler Funeral Home Boonville Chapel, 304 E. Main Street, and Boonville In. Donations may be made to the American Cancer Society, the Alzheimer’s Foundation of America, The American Heart Foundation or any charity of your choosing.
Wilma Grace Combs
AG Curtis Hill joins multistate lawsuit against pharmaceutical companies
Attorney General Curtis Hill joined 43Â other attorneys general in a lawsuit against Teva Pharmaceuticals and 19 of the nation’s largest generic drug manufacturers alleging a broad conspiracy to artificially inflate and manipulate prices, reduce competition and unreasonably restrain trade for more than 100 different generic drugs.
The lawsuit, filed in U.S. District Court for the District of Connecticut, also names 15 individual senior executive defendants at the heart of the conspiracy who were responsible for sales, marketing, pricing and operations. The drugs at issue account for billions of dollars of sales in the United States, and the alleged schemes increased prices affecting the health insurance market, taxpayer-funded health care programs such as Medicare and Medicaid, and individuals who must pay artificially-inflated prices for their prescription drugs.
“This lawsuit should serve as a warning to any company that intentionally defies the trust of their customers,†Attorney General Hill said. “The rising cost of health care is daunting enough without price fixing of medications. Americans deserve options when they shop for these products. Any pharmaceutical company that engages in price-fixing and artificial cost inflation is part of the problem that ails health care in the United States. Here in Indiana, we will keep working to protect all Hoosier consumers from illegal schemes.â€
The complaint alleges that Teva, Sandoz, Mylan, Pfizer and 16 other generic drug manufacturers engaged in a broad, coordinated and systematic campaign to conspire with each other to fix prices, allocate markets and rig bids for more than 100 different generic drugs. The drugs span all types, including tablets, capsules, suspensions, creams, gels, ointments and classes, including statins, ace inhibitors, beta blockers, antibiotics, anti-depressants, contraceptives, non-steroidal anti-inflammatory drugs and treat a range of diseases and conditions from basic infections to diabetes, cancer, epilepsy, multiple sclerosis, HIV, ADHD and more. In some instances, the coordinated price increases were over 1,000 percent.
The complaint lays out an interconnected web of industry executives participating in these activities. Competitors met with each other during industry dinners, “girls nights out,” lunches, cocktail parties and golf outings. They communicated via frequent telephone calls, emails and text messages that sowed the seeds for their allegedly illegal agreements. Throughout the complaint, defendants use terms such as “fair share,” “playing nice in the sandbox,” and “responsible competitor” to describe how they unlawfully discouraged competition, raised prices and enforced an ingrained culture of collusion.
The lawsuit seeks damages, civil penalties and actions by the court to restore competition to the generic drug market.
The complaint is the second to be filed in an ongoing, expanding investigation into the pharmaceutical industry. The first complaint, still pending in U.S. District Court in the Eastern District of Pennsylvania, was filed in 2016 and now includes 18 corporate defendants, two individual defendants, and 15 generic drugs. Two former executives from Heritage Pharmaceuticals, Jeffery Glazer and Jason Malek, have entered into settlement agreements and are cooperating with the Attorneys General working group in that case.
Miners score early and often, defeating the Otters 13-2
The Southern Illinois Miners scored six runs in the first two innings, chasing Otters starter Austin Nicely out of the game in the third, as the Miners won big over the Otters by a score of 13-2.
Gianfranco Wawoe led off the game with an RBI double, touching home plate on an RBI triple by Brett Siddall to score the game’s first run. Siddall then scored on a groundout by Stephen Lohr to make the score 2-0.
In the second inning, the Miners sent eight men to the plate scoring four runs, in large part to a three-run RBI triple to Joe Duncan, making the score 5-0. A sac-fly by Lohr made the score 6-0 after two.
A two-run single by Anthony Brocato in the third extended the Miners lead to 8-0, pulling Nicely in the process.
The Otters would score in the seventh on a two-run home run by Hunter Cullen, but that would not be enough as the Miners scored 13 runs on 15 hits, the most runs they have ever scored at Bosse Field.
The Otters will take a day off before traveling to Crestwood, Ill. to take on the Windy City Thunderbolts on Tuesday.
First pitch will be set for 7:05 p.m. and can be heard on the radio at 91.5 WUEV or evansvilleotters.com with David Nguyen on the play-by-play.
“IS IT TRUE” MAY 13, 2019
We hope that today’s “READERS FORUMâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way.
IS IT TRUE we are told that many people are extremely pleased that Libertarian Bart Gadau has filed to run in the Nov. 5, 2019, general election for Mayor of Evansville? …Mr. Gadau is the only general election challenger to the two-term Republican Mayor Lloyd Winnecke? Â …the Democrats have until June 30, 2019, to file as a candidate for Mayor? Â …that Mr. Gadau, also ran as a Libertarian for U.S. Congress in 2012 and for the 1st Ward City Council seat in 2015 and lost?
IS IT TRUEÂ Bart Gadau has lived in Evansville his entire life? ….we are told that he will question the wisdom of Mayor Winnecke wasting our hard earned tax dollars on capital projects that we don’t need or can afford because it hurts the everyday taxpayer? Â …he also claims to understand that the “middle- and lower-income families are hurting, and it’s getting to a point that they can’t afford to pay their electric and water and sewer bills? …he feels that “we need someone who represents the everyday person rather than big businesses”? Â …we will see on November 5, 2019, if the voters pay attention to his conservative message that the City of Evansville should spend within their means?
IS IT TRUE that a well-known Republican told us that the City of Evansville finances is seriously in trouble?  …we are told that if the City would be forced to pay all their current accounts payables they could be forced to declared involuntary bankrupted?
IS IT TRUE we have been told by credible sources that Mayor Winnecke may be considering transferring all of the Citys Department IT work to the City Water and Sewer Utility Department?  …if he’s successful this move will save the City of Evansville several million dollars per year because all the City IT Department costs will be absorbed by the Evansville Water and Sewer Utility Department?
IS IT TRUE we have been told by credible sources the Parks Department may be considering closing one of the City’s golf courses and at least one public pool in the very near future?
IS IT TRUE we are told by credible sources that a couple of well-known business people have purchased several partials of property located on North Main Street close to the Bosse Field area?  …we wonder what they know that we don’t?
IS IT TRUEÂ we been told by credible sources that Mayor Winnecke has received some alarming projections on how the new Terre Haute Casino will financially impact Tropicana-Evansville? Â …we hope he shares this information with members of City Council so they can prepare for any loss in gaming revenue because of the new casino in Terre Haute?
IS IT TRUE we would like to commend the Director of Department Of Evansville Redevelopment Kelly Courses for having the insight for introducing MDRPA (Municipal Development Riverfront Project Area) to members of the Evansville City Council?  …recently this item was placed on the City Council agenda?  …that MDRPA expands the Jacobsville Redevelopment District in order to spur additional bar and restaurant businesses in the West Franklin Street area? …MDRPA was created as a tool by the State of Indiana in 1993 and has provided to many cities and towns help in their urban/economic development areas without raising taxes?  …that state statute requires these areas to fall within 3,000 feet of the river AND be designated redevelopment areas, which then provides numerous business incentives such as a special liquor license permit to help develop in these designated suppressed areas?  …that Evansville has utilized this tool very successfully here locally?  …several Main Street and Haynie’s Corner businesses have been approved for these special non-transferable liquor licenses during the last several years?  …the CCO gives five (5) thumbs up to the six City Council members who voted and passed this business-friendly economic tool for the greater good of the city!
Over the next several weeks we shall be adding additional obituaries from other local funeral homes.  Please scroll down the paper and you shall see a listing of them.
If you would like to advertise on the CCO please contact us at City-County Observer@live.com
FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.
“LEFT JAB AND RIGHT JAB” FOR MAY 13, 2019
“LEFT JAB AND RIGHT JAB”
“Right Jab And Left Jab†was created because we have two commenters that post on a daily basis either in our “IS IT TRUE†or “Readers Forum†columns concerning National or International issues.
Joe Biden and Ronald Reagan’s comments are mostly about issues of national interest.  The majority of our “IS IT TRUE†columns are about local or state issues, so we have decided to give Mr. Biden and Mr. Reagan exclusive access to our newly created “LEFT JAB and RIGHT JAB† column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB†AND “RIGHT JABâ€Â several times a week.  Oh, “Left Jab†is a liberal view and the “Right Jab is representative of the more conservative views. Also, any reader who would like to react to the written comments of the two gentlemen is free to do so.
City Council Meeting May 13, 2019
MAY 13, 2019
1 NW ML KING JR. BLVD – ROOM 301
5:30 P.M.
AGENDA
| I. | INTRODUCTION |
Agenda Attachment:
| II. | APPROVAL OF MEETING MEMORANDUM |
Memo Attachment:
| III. | REPORTS AND COMMUNICATIONS |
| IV. | SPECIAL ORDERS OF THE DAY |
| V. | CONSENT AGENDA:Â FIRST READING OF ORDINANCES AND RESOLUTIONS |
A. ORDINANCE G-2019-07 An Ordinance to Vacate a Public Right of Way in Evansville, Indiana, All That Portion of a 25’ Roadway Easement for Carol Drive West of 3700 Pollack Avenue, Also Being That Area East of 3624 Pollack Avenue That Was Previously Vacated and a 20’ x 25’ Portion North of that Area of Carol Drive that was Previously Vacated. The Original Vacation Was Performed in 2012 by Ordinance No. G-2012-2 and Recorded in Document Number 2012R-4136 in the Office of the Recorder of Vanderburgh County, Indiana. Sponsor(s): Mosby Discussion Led By: Public Works Chair Adams Discussion Date: 5/20/2019 G-2019-07 Attachment:
B. ORDINANCE F-2019-09 An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations & Repeal and Re-Appropriation of Funds for Various City Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 5/20/2019 F-2019-09 Attachment:
C. ORDINANCE F-2019-10 An Ordinance of the Common Council of the City of Evansville Authorizing Re-Appropriations within the Department of Metropolitan Development Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 5/20/2019 Notify: Kelley Coures, DMD F-2019-10 Attachment:
| VI. | COMMITTEE REPORTS |
| VII. | REGULAR AGENDA:Â SECOND READING OF ORDINANCES AND RESOLUTIONS |
A. ORDINANCE G-2019-05 An Ordinance Adding Chapter 9.40 (Unsolicited Materials) of the Evansville Municipal Code Sponsor(s): McGinn, Mosby, Weaver Discussion Led By: ASD Chair Mosby Discussion Date: 5/13/2019 G-2019-05 Attachment:
B. ORDINANCE G-2019-06 An Ordinance to Vacate Certain Public Ways or Public Places Within The City of Evansville, Indiana, Commonly Known as a Part of Market Street Which is Adjacent to 428 NW 3rd Street, In the City of Evansville, Indiana. Sponsor(s): Mosby Discussion Led By: Public Works Chair Adams Discussion Date: 5/13/2019 Notify: Marco DeLucio, ZSWS G-2019-06 Attachment:
C. ORDINANCE R-2019-06 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1012-1020 N. Governor Street Petitioner: Habitat for Humanity of Evansville, Inc. Owner: Habitat for Humanity of Evansville, Inc. Requested Change: C4 to R2 Ward: 3 Hayden Representative: Beth Folz, Habitat for Humanity of Evansville, Inc. R-2019-06 Attachment:
D. ORDINANCE R-2019-07 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 313 E. 317 E. Louisiana Street Petitioner: Habitat for Humanity of Evansville, Inc. Owner: Habitat for Humanity of Evansville, Inc. Requested Change: C4 to R2 Ward: 3 Hayden Representative: Beth Folz, Habitat for Humanity of Evansville, Inc. R-2019-07 Attachment:
| VIII. | RESOLUTION DOCKET |
A. RESOLUTION C-2019-07 A Resolution Renaming a Portion of Walnut Street Between Second Street and Martin Luther King, Jr. Blvd. to Bob Jones Way Sponsor(s): Robinson Discussion Led By: Public Works Chair Mosby Discussion Date: 5/13/2019 C-2019-07 Attachment:
| IX. | MISCELLANEOUS BUSINESS |
A. THE NEXT MEETING of the Common Council will be Monday, May 20, 2019 at 5:30 p.m.
B. ADDITIONAL MISCELLANEOUS BUSINESS
| X. | COMMITTEE REPORTS |
| XI. | ADJOURNMENT |
MEET THE SOON TO BE OWNERS OF ELLIS PARK
MEET THE SOON TO BE OWNERS OF ELLIS PARK-LAGUNA DEVELOPMENTÂ CORPORATIONÂ
ABOUT LAGUNA DEVELOPMENTÂ CORPORATIONÂ
Laguna Development Corporation from Albuquerque, New Mexico had a remarkable history of successful business ventures since its inception in 1998 when LDC embarked on a journey towards securing a solid future for the Pueblo of Laguna. Starting out in the retail market, LDC quickly moved to gaming, food and beverage, entertainment and hospitality; mastering each over the course of the next ten years.
LDC recruited a team of highly skilled executives from across the country to secure a foundation for the next stages of development. With a solid management team in place, proven financial strength, a stable business environment, entrepreneurial growth strategy and the trust of its shareholder’s, LDC is committed to seeking opportunities to elevate the levels of success already achieved. Laguna Development Corporation is a Pueblo of Laguna owned business pursuing opportunities that improve and strengthen the Laguna community and its economy. Through our high-performance culture, we provide unparalleled entertainment, extraordinary customer service, and quality products. We honor our core values and with an enterprising spirit, we foster growth opportunities for the LDC family.
Laguna Development Corporation began managing the Pueblo’s gaming operations with the completion of Dancing Eagle Casino in 2000, shortly after opening the Dancing Eagle Supermarket. Subsequently, LDC opened Casino Xpress, a small slot operation located twenty minutes west of downtown Albuquerque. Casino Xpress is part of the Route 66 development and became the anchor for the current travel center, convenience store, and restaurants that were opened adjacent to the Xpress facility. LDC expanded its gaming operations in 2003 with completion of the Route 66 Casino and has since expanded its existing businesses to accommodate continued growth. Over the years LDC has expanded the retail business adding fuel and conveniences centers along Interstate 40 and on the Pueblo of Laguna.
Today, LDC Currently Manages And Operates:
Route 66 Casino, the 154-room Route 66 Casino Hotel, Thunder Road Steakhouse & Cantina, Buffet 66, a Johnny Rockets franchise, Main Street Restaurant, Route 66 Casino Snack Bar, 360 Lounge, Poker Pub, the 2,800 seat Legends Theater, Kids Quest, Cyber Quest, the Route 66 Gift Shop, Casino Xpress, Route 66 Travel Centers (Including Dairy Queen Grill & Chill) – two locations: Interstate 40, Exit 108 and 140, 66 Pit Stop Gas Station & Convenience Store at Exit 114, Route 66 RV Resort, three Laguna Burger locations: Interstate 140, Exit 114 and 140 and on 12th Street in Albuquerque, Dancing Eagle Casino, Dancing Eagle Travel Center (Including Dairy Queen Grill & Chill and Villa Prima Pizza), Dancing Eagle RV Park, The Great American Diner Restaurant, The Marketplace @ Dancing Eagle grocery store and Ace Hardware, Paguate Mart and a Transmix Plant.
Revenue Allows The Pueblo To Provide Essential Governmental Services To Its Members, Including:
- Community wellness services
- Natural and environmental resource protection
- Public works
- Public safety
- Judicial services
- Utility services
- Education
- Elderly care
- General governance services
Revenue sharing payments are also made to the six Laguna villages: Paguate, Encinal, Mesita, Seama, Paraje, and Laguna.
In Addition, LDC Provides Other Valuable Resources To The Community:
- Charitable contributions
- Educational scholarships
- Senior discounts
- In-kind services
FOOTNOTE: Unlike privately owned businesses, LDC’s income doesn’t go to an individual owner, but rather its income is dedicated to the well-being of the Pueblo of Laguna.
7th Circuit Reversal: Indiana May Intervene In ACLU Immigration Case
Kate Stancombe for www.theindianalawyer.com
The 7th Circuit Court of Appeals has reversed and remanded a district court’s denial of Indiana’s motion to intervene in a federal immigration case that prohibited the Marion County Sheriff’s Department from cooperating with U.S. Immigration and Customs Enforcement detention requests, finding the district court did not have jurisdiction to strike the motion.
The appeal dates to July 2017, when Indiana Southern District Judge Sarah Evans Barker entered a consent decree between the American Civil Liberties Union of Indiana and the city of Indianapolis in the case of Antonio Lopez-Aguilar v. Marion County Sheriff’s Department, et al., 1:16-cv-2457.
That agreement prohibited the sheriff’s department from detaining immigrants for the federal government, unless ICE could produce a signed warrant or probable cause.
Lopez-Aguilar filed a complaint in September 2016, claiming the sheriff’s department violated his Fourth Amendment rights by arresting and holding him in the local jail without being charged with a crime. Local law enforcement had detained him only at the request of federal immigration officials.
After Barker struck down the Indiana Attorney General’s Office’s motion to intervene in the case in January 2018, the AG’s office filed a notice of appeal with the 7th Circuit, arguing that under Indiana Code section 5-2-18.2, state and local law enforcement officials have a “duty to cooperate†with federal immigration efforts.
In a 40-page opinion, a 7th Circuit panel concluded that the district court erred in its denial of the state’s motion to intervene. In its decision, the appeals court noted that the stipulated judgment granting declaratory and prospective injunctive relief would directly impair Indiana’s ability to protect its substantial interest in cooperating with federal immigration enforcement efforts.
It additionally concluded that the district court’s interpretation of the statute, although not a total declaration of unconstitutionality, significantly restricted the statute’s vitality. It, therefore, found that Indiana demonstrated it “suffered a cognizable injury sufficient for standing to appeal.â€
The 7th Circuit also found that the injunction’s terms obliged “the Sheriff’s Department of Indiana’s most populous county to disregard, in a significant way, what the State believes is a legislative command to cooperate with the federal government.â€
“Because the State has demonstrated a direct, significant, and legally protectable interest in this litigation, which will be impaired absent intervention and is not adequately represented by the existing parties, the State is entitled to intervention as of right,†Circuit Judge Kenneth Ripple wrote for the unanimous panel.
“Mr. Lopez-Aguilar simply fails to demonstrate a ‘likelihood of substantial and immediate irreparable injury,’ a prerequisite for equitable relief,†the panel continued. “Without a ‘showing of any real or immediate threat that the plaintiff will be wronged again,’ Mr. Lopez-Aguilar lacked standing to request, and the district court lacked jurisdiction to award, the declaratory judgment and permanent injunction set forth in the Stipulated Judgment.â€
Thus, the 7th Circuit concluded that the parties’ agreement to resolve Lopez-Aguilar’s claims by stipulated judgment did not relieve the district court of its obligation to confirm that it had Article III jurisdiction to enter the declaratory judgment and permanent injunction.
It further concluded that Lopez-Aguilar did not have standing to request equitable relief, and at no point during litigation of the case maintained standing to seek the prospective injunctive relief awarded by the district court.
It therefore reversed and remanded the case, finding district court erred when it entered the Stipulated Judgment without regard to Lopez-Aguilar’s standing to seek equitable relief.
The AG’s office celebrated the decision as a “win for common sense, state sovereignty and public safety,†according to a Friday statement.
“When federal authorities ask an Indiana police agency to detain a person in the agency’s custody, Indiana law requires the agency to cooperate,†Indiana Attorney General Curtis Hill said in a statement. “To establish any contrary policy at the local level not only violates Indiana law but jeopardizes the safety and security of Hoosiers.â€
“We are obviously disappointed in the decision, and are in the process of evaluating our options with our client,†said Gavin Rose, ACLU attorney and counsel for Lopez-Aguilar.