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SCOTUS Agrees To Hear Indiana Civil Forfeiture Challenge

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Olivia Covington for www.theindianalawyer.com

A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.

The justices on Monday agreed to hear Tyson Timbs and a 2012 Land Rover LR2, 17-1091. The Virginia-based Institute for Justice filed the cert petition in January on behalf of Tyson Timbs, a Grant County man who used proceeds from his father’s life insurance policy to purchase a $42,000 Land Rover in 2013.

Timbs then began using the Land Rover to buy and sell heroin, to which he was addicted, in Marion, Richmond, and Ohio. Timbs was eventually arrested as part of a series of controlled buys and pleaded guilty to Class B felony dealing and Class D felony conspiracy to commit theft. The Marion man was sentenced to six years, with one year executed on home detention, and agreed to pay $1,203 in fees and costs.

Meanwhile, according to the IJ’s cert petition, a private law firm filed a case on behalf of the state to forfeit the Land Rover. Though the Grant Superior Court noted Timbs had used the vehicle for illegal drug activity, it also found it was purchased legally and that its forfeiture would be “grossly disproportionate” to Timbs’ offense.

A divided panel of the Indiana Court of Appeals agreed, with majority judges Paul Mathias and Chief Judge Nancy Vaidik noting the statutory cap on fines is set at $10,000.
“Although we do not suggest that forfeiture of any asset valued over the maximum fine is automatically a violation of the Excessive Fines Clause, it is instructive to our analysis that the value of the asset sought by the state is well in excess of the maximum fine,” Mathias wrote in October 2016.

Now-retired Judge Michael Barnes dissented, writing that the Land Rover “did not have only a tangential relationship to the crime or the defendant.”

“It should not matter that Timbs committed the crime using an expensive new Land Rover rather than an old, inexpensive ‘beater,’” he wrote.

The state appealed Timbs’ case to the Indiana Supreme Court in March 2017, and the justices unanimously overturned both lower court rulings the following November. Justice Geoffrey Slaughter wrote for the court that the Eighth Amendment’s Excessive Fines Clause has not been incorporated to the state’s through the 14th Amendment, so the justices declined to “subject Indiana to a federal test that may operate to impede the development of our own excessive-fines jurisprudence under the Indiana Constitution.”

Thus, the court ruled the state had proven it was entitled to forfeit the Land Rover under Indiana Code section 34-24-1-1 (Supp. 2012). But in the cert petition, Timbs and the IJ challenged the justices’ Eighth Amendment ruling as breaking with nationwide precedent.

“Although two Circuits and at least 14 state high courts apply the Excessive Fines Clause to the States, a minority of courts — in Montana, Mississippi, Michigan, and now Indiana — believe that the Clause does not apply,” the IJ wrote. “… As a result, Petitioner Tyson Timbs — along with 6.6 million residents of Indiana and more than 13 million residents of the three other minority jurisdictions — enjoys Eighth Amendment protection against fines and forfeitures imposed by the federal government but not against those imposed by state and local authorities.”

In its opposition to the cert petition, the state, represented by Solicitor General Thomas M. Fisher, said Timbs’ case was not an appropriate vehicle to address the Eighth Amendment issue because neither party addressed that issue at length in state court. Additionally, the state argued that SCOTUS would be charged both with determining whether the 14th Amendment incorporates the Excessive Fines Clause and whether that clause “restricts States’ use of civil asset forfeitures specifically.”

“Delaying consideration of the incorporation question would give the lower courts an opportunity to engage in the substantive ‘selective incorporation’ analysis required by the Court’s precedents,” Fisher wrote in May. “Indeed, denying Timbs’s petition would implicitly reiterate the obligation of lower courts to apply the appropriate test rather than await an answer from the Court.”

A spokesman for Attorney General Curtis Hill’s office said the office is looking forward to “addressing the important questions raised by this case in our nation’s highest court.” He also said Fisher has argued three times before the Supreme Court, including Crawford v. Marion County Election Board, the voter identification case.

In a statement released through IJ, Timbs said he is “fighting to stay clean,” has served his punishment and now wants to keep his life on track.

“Without my car, it is incredibly difficult to do all the things the government wants me to do to stay clean, like visit my probation officer, go to AA, and keep my job,” Timbs said. “Right now, I’m borrowing my aunt’s car to go to work so we can pay the bills, and she has to take a bus back and forth to her kidney dialysis appointments. You need a car to do all of these things.”

FOOTNOTES: Read more on Timbs’ case and on the IJ’s litigation against Indiana civil forfeiture practices in the June 27-July 10 issue of Indiana Lawyer.

St. Vincent Health Eliminating Job Positions Statewide

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St. Vincent Health Eliminating Job Positions Statewide

St. Vincent Health is cutting jobs across the Hoosier state. 85 positions will be cut in facilities from Anderson to Evansville.

Company officials say they’re making the cuts to ensure they have a sustainable model in the long term.

Right now there’s no word about which positions will be cut.

75 jobs have already been eliminated this year and more than 100 people were laid off last year.

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7th Circuit Reinstates Pain Clinic’s Claim Against Billing Provider

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Katie Stancombe for www.theindnalawyer.com

A chronic pain clinic that lost more than a year’s worth of insurance claims through its billing software had its potentially multi-million-dollar breach of contract claim against the provider reinstated Wednesday by the 7th Circuit Court of Appeals.

Pain Center of Indiana LLC, a clinic that treats patients who suffer from chronic pain, contracted in 2003 with SSIMED LLC, a company that provides medical-billing software and related services. Over time, problems arose with unpaid claims filed through SSIMED’s Practice Manager and EMRge software, but Pain Center nevertheless signed a second contract three years later, but Pain Center said the problems continued.

After hiring a billing specialist in 2011, the pain center discovered thousands of unpaid claims in the Client Center of Project Manager, which hadn’t been opened in 18 months. Pain Center tried to recover payment, but the insurers refused to pay the stale claims. Dr. Anthony Alexander, the sole founder and member of Pain Center, said he had never known about the Client Center or how it functioned.

The pain center sued SSIMED in 2013 for claims including breach of contract, warranty, implied duty of good faith and four tort claims. The claims arose from alleged shortcomings in SSIMED’s software and services. It also alleged that Practice Manager and EMRge software and related billing services caused the losses.

U.S. District Court Judge Richard Young previously granted summary judgment in favor of SSIMED, stating the entire suit was untimely. He held that the Uniform Commercial Code’s four-year limitations period applied, reasoning that the agreements in question were mixed contracts for goods and services in which goods predominate.

The 7th Circuit affirmed Young on all rulings except for summary judgment on the breach of contract claim, which the court reversed. The 7th Circuit found Young correctly identified the predominant thrust test in Insul–Mark Midwest, Inc. v. Inc. v. Modern Materials, Inc., 612 N.E.2d at 554, used in Indiana for resolving such a question, but erred in its application.

“The predominant thrust of the two agreements is medical billing and IT services, not the sale of goods,” Chief Judge Diane Wood wrote Wednesday in Pain Center of SE Indiana, LLC v. Origin Healthcare Solutions LLC, No. 17-1276.

“So the UCC and its four-year limitations period do not apply. Instead, the breach-of-contract claims are subject to Indiana’s ten-year statute of limitations for written con-tracts and are timely.”

“Pain Center mounts a halfhearted effort to convince us to find as a matter of law that SSIMED breached the contracts and is liable for $15 million in damages. That’s a serious overreach,” Wood wrote. “We hold only that the breach-of-contract claims are timely.”

The case was remanded for further proceedings.

Oak Meadow Otters Vs Tri-State Stingrays 

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OAK MEADOW VERSES TRI-STATE STINGRAYS

June 22, 2018

by Aulden Nance Sports Writer for the City-County Observer 

The Otters swimmers faced the Stingrays swimmers in a meet at Tri-State athletic club. The forecast was clear and a very humid day. We estimate that there were 125 swimmers swimming in the meet. We also estimate there were another 100 parents spectating at the meet.

We spoke with Oak Meadow head coach Jake Downs after the meet. He was happy how the meet went for the Otters, stating that, “I thought the meet went well. It’s always a good time when we get to swim against Tri-State, both teams like to have fun.

I was bummed we had to cut it short, but we had fun swimming in the rain while we could.” We also spoke to Tri-State Athletic club head coach Rickey Perkins also and he said: “I was happy with TSAC’s performance.”  “We had a lot of season-best times even swimming in a 25-meter pool(as opposed to yards at our other meets). But the thing I am most proud of is the improvement in our technique as a team.”  He also added that our strokes and our dives were much better.”

Lastly, we got a word in with Oak Meadow assistant coach Drew Payton, “The meet against Tri-State was fun, and I think everyone on both teams had great swims. It’s a little disappointing we had to end the meet early, but overall we did great and everyone is excited to practice for the next meet.”

Unfortunately, the meet was cut short as heavy rain bombarded the area. The Otters have their bye week next week.

FOOTNOTE:  If anyone has any pictures or scores of competitive swimming or diving events please send it to me at auldinimagic@gmail.com and I will put them in my next column.

ADOPT A PET

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1-year-old Tuna was surrendered with her sister Mona on May 5th. They are both seeking homes but do not have to be adopted together. The adoption fee for Tuna is $40 and includes her spay, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

Gov. Holcomb Statement ON U.S. Supreme Court Ruling on Internet Sales Tax Collection

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Gov. Eric J. Holcomb offered the following statement today regarding the U.S. Supreme Court ruling that states can collect sales tax from online retailers:

“A lot about our world and economy has changed in the 26 years since our nation’s highest court last ruled on this issue.

With the incredible evolution of technologies and the growth of internet sales, this Supreme Court ruling will help level the playing field between our Hoosier-based companies that operate retail stores and out-of-state companies that sell products and services online in our state.

We’re taking a careful look at the ruling to better understand its implications for Indiana.”

 

CHRIS YOUNG EXTENDS 2018 HEADLINE TOUR

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“Chris Young Losing Sleep 2018 World Tour” adds 15 new dates, totaling 55 arena shows in 2018

Evansville, IN Show – October 25 – Ford Center

Special Guests Dan + Shay, Morgan Evans and Dee Jay Silver

Tickets on-sale Thursday, June 28

(Evansville, IN) – After playing more than 30 sold-out arena and amphitheater dates, being named an ACM Male Vocalist nominee and scoring his 10th No. 1 single, Chris Young has added 15 more shows to his “Chris Young Losing Sleep 2018 World Tour,” kicking off in Evansville, IN on October 25 at Ford Center. Special guests Dan + Shay, Morgan Evans and Dee Jay Silverwill join the multi-platinum entertainer, hailed “a true country singer” (Lincoln Journal Star) who has “handily made the leap to headliner status” (Green Bay Press Gazette) and puts on a “riveting performance” (La Crosse Tribune), on the added dates.

The tour will make stops in Milwaukee, Detroit, Baltimore, Uniondale and more before wrapping in Manchester, NH on December 8. At its close in December, the “Chris Young Losing Sleep 2018 World Tour” will have played 55 arena shows fromcoast to coast.

Tickets and VIP packages for the Evansville, IN date of “Chris Young Losing Sleep 2018 World Tour,” promoted by AEG Presentsand Concerts West, go on sale Thursday, June 28 at 10am (local time). American Express® Card Members can purchase tickets in select markets before the general public beginning Tuesday, June 26 at 10am local time through Wednesday, June 27 at 10pm local time. A limited number of exclusive VIP Packages will also be available for sale starting June 21 at 10am local time. These exclusive offers can include premium tickets, access to a pre-show VIP Hang (includes an exclusive performance and special Q&A session), limited-edition lithographs, autographed memorabilia and much more.

Rokita: A Balanced Budget for a Prosperous Future

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Congressman Todd Rokita, the Vice Chairman of the House Budget Committee, released the following statement after the House FY 2019 Budget, A Brighter American Future, passed through committee addressing the unsustainable government spending:

“We spent years watching President Obama spend trillions of dollars on failed government programs that did nothing but drive up spending with little to show for it,” said Congressman Todd Rokita. “As Vice Chairman of the Budget Committee, I have been working hard on behalf of Hoosiers and the American people to get rid of the failed spending policies of the liberal elite and to ensure we have a budget that reduces our deficit and builds on our growing economic prosperity.”

As Vice Chair of the House Budget Committee, Congressman Rokita has been working hard on behalf of Hoosiers for many years. As a fiscal conservative, he champions legislation that lowers our debt while boosting economic growth, reducing federal overreach, and giving power to state and local governments. Rokita has been introducing smart and balanced budget solutions for years and looks forward to seeing the Fiscal Year 2019 Budget go to the House floor.

You can check out more information about the House Fiscal Year 2019 Budget, A Brighter American Future, below:

Description:

The budget for FY2019 provides a plan to build on the economic growth we are seeing as well as addresses the unsustainable government spending to ensure A Brighter American Future.

  • Balances the budget in nine years by achieving $8.1 trillion in deficit reduction over ten years.
  • Achieves at least a $302 billion in mandatory spending over a ten-year period.
  • Continues the economic growth we have been seeing since the Tax Cuts and Jobs Act.
  • Encourages a more responsible use of taxpayer dollars by confronting wasteful spending and strengthen accountability.
  • Scales back overreach of the federal government and restores power back to the states.

 

 

Eagles Collect Council of Presidents’ and Brother James Gaffney Awards

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The University of Southern Indiana Department of Athletics is pleased to announce its senior student-athletes that garnered the Council of President’s Academic Excellence Award as well as those student-athletes receiving the Brother James Gaffney, FSC Distinguished Scholar Award.

Recipients of the GLVC Council of Presidents’ Academic Excellence Award exemplify the outstanding student-athletes in the GLVC. Each honoree has exhausted his or her eligibility in the intercollegiate sport in which they participated and maintained at least a 3.5 grade point average throughout their academic career.

In addition, to be eligible for the award, the student-athlete must have competed in the GLVC for a minimum of two years and completed 96 credit hours. A student-athlete can only earn the distinguished honor one time in his or her career.

The 22 Screaming Eagle student-athletes to receive the COP award are listed below:

Devin Williams, Baseball
Davis Carter, Men’s Basketball
Preston Van Winkle, Men’s Golf
Cesar Alba, Men’s Soccer
Jacob Dickerson, Men’s Soccer
Ben Eklof, Men’s Soccer
Lee Gualano, Men’s Soccer
Kyle Richardville, Men’s Soccer
Jennifer Mizikar, Women’s Tennis
Kelsey Shipman, Women’s Tennis
Olivia Clark-Kittleson, Softball
Marleah Fossett, Softball
Alexa Kelpe, Women’s Soccer
Kate Duty, Women’s Cross Country/Track & Field
Jessica Lincoln, Women’s Cross Country/Track & Field
Emily Roberts, Women’s Cross Country/Track & Field
Allyson Watson, Women’s Cross Country/Track & Field
Morgan Dahlstrom, Women’s Basketball
Kaydie Grooms, Women’s Basketball
Randa Harshbarger, Women’s Basketball
Shannon Farrell, Volleyball
Te’Ayla Whitfield, Volleyball

The Brother James Gaffney, FSC Distinguished Scholar Award recognizes student-athletes that achieved a 4.0 GPA over the course of the academic year.

The 23 USI student-athletes receiving the award are as follows:

Nick Gobert, Baseball
Bastian Grau, Men’s Cross Country/Track & Field
Jonathan Faas, Men’s Soccer
Justin Faas, Men’s Soccer
Austin Nolan, Men’s Cross Country/Track & Field
Shannon Farrell, Volleyball
Caitlyn Bradley, Softball
Olivia Clark-Kittleson, Softball
Haley Limper, Volleyball
Shannon Farrell, Volleyball
Kacy Eschweiler, Women’s Basketball
Morgan Dahlstrom, Women’s Basketball
Kaydie Grooms, Women’s Basketball
Sarah Koester, Women’s Cross Country/Track & Field
Kate Henrickson, Women’s Cross Country/Track & Field
Marie Auton, Women’s Soccer
Megan Brune, Women’s Soccer
Alexa Kelpe, Women’s Soccer
Olivia Wilde, Women’s Soccer
Chelsea Morris, Women’s Soccer
Emma Luczkowski, Women’s Soccer
Courtney Spicer, Women’s Soccer
Kelsey Shipman, Women’s Tennis