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Chachi is a brindle Am Staff (“pit bullâ€) puppy. He spent several months in foster care since November, but his foster parents ultimately said they really weren’t dog people. Now he is ready for adoption! He’s 6 months old. His adoption fee is $110 and includes his neuter, first shots & deworming, microchip, and more. Contact Vanderburgh Humane at (812) 426-2563 or adoptions@vhslifesaver.org for details!
7th Circuit grants summary judgment to IMPD officer who fatally shot agitated man
Olivia Covington for www.theindianalwyer.com
The Indiana Southern District Court must enter judgment in favor of an Indianapolis police officer who fatally shot a man while on duty after the 7th Circuit Court of Appeals determined the officer acted reasonably and is entitled to qualified immunity.
In January 2014, Indianapolis Metropolitan Police Department officers, including James Gray, responded to a call about a man, Keith Koster, vomiting and having trouble breathing. The officers were given keys to Koster’s apartment, but when they entered the unit Koster began shouting for them to go away.
Despite reassurances that the officers were there to help, Koster, who was holding a gun, threatened to shoot them if they entered his apartment. A hostage negotiator then arrived and tried to convince Koster to put down the gun, but he refused and eventually threatened to fire a warning shot.
According to the Gray’s testimony, Koster then extended his arm and pointed the gun at the officers, so Gray fired three shots at his head, two of which struck and killed him. After Koster’s death, his sister, Dawne Sanzone, filed Fourth Amendment excessive force claims against several of the officers present at the shooting, including Gray.
Each defendant moved for summary judgment on the basis that they were entitled to qualified immunity, and Judge Tanya Walton Pratt granted those motions as to the other defendants. But in Gray’s case, she determined he was not entitled to qualified immunity, finding he “used greater force than was reasonable because he did not take cover or wait for the less-lethal option before shooting.â€
The 7th Circuit, however, found Thursday in Dawne A. Sanzone v. James Gray, 17-2103, that Gray did not violate Koster’s Fourth Amendment rights considering Koster’s threat of a warning shot and his action of pointing his gun at the officers. Thus, he was entitled to qualified immunity.
“Gray did not need to wait and hope that Koster was a skilled marksman before taking action to shut down Koster’s threat,†the panel – including Notre Dame professor and now-Judge Amy Coney Barrett – wrote in a per curiam opinion. “Indeed, these circumstances place this case handily among others in which the court has sanctioned the use of deadly force.â€
The appellate panel reversed the denial of Gray’s summary judgment motion and remanded the case back to the district court for entry of judgment in his favor.
Attorney General Curtis Hill supports U.S. Justice Department’s actions to uphold rule of law in California
Attorney General Curtis Hill today made the following statement regarding a lawsuit brought by the U.S. Department of Justice, which seeks to enjoin certain State of California statutes designed to obstruct the enforcement of federal immigration laws:
“The U.S. Constitution strikes a careful balance between rights and responsibilities belonging to the federal government and those belonging to the individual states. While we in Indiana will always defend states’ rightful exercise of their powers under the constitutional principles of federalism, we also will support the appropriate exercise of federal authority under those same principles.
“National immigration policy is one area that is clearly the federal government’s domain. Efforts by the state of California to nullify or thwart national immigration law violate the Supremacy Clause of the U.S. Constitution. I fully support the actions of U.S. Attorney General Jeff Sessions and the U.S. Justice Department in asserting the United States’ authority to enforce federal laws designed to protect our freedom.
“In a world of increasing dangers and complexities, it is fundamental that our U.S. borders be secure and that our immigration policies are rational and consistent. We must be safe, and we must promote the continued growth of our diverse and exceptional American culture. While changing the law through appropriate congressional action is always an option, ignoring the law can never be an option. California officials who have ostensibly sworn an oath to uphold the law are now flagrantly and unjustifiably breaking the law and in turn exposing their people to untold dangers. The actions taken by the Department of Justice are not against California but for the rule of law.â€
HOT JOBS IN EVANSVILLE
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Aces see season end in 77-49 loss to Bradley in MVC Tournament
Noe scores game-high 23 points as Evansville drops MVC Tournament opener
Graduate guard Hannah Noe scored a game-high 23 points as the University of Evansville women’s basketball team dropped its 2018 Missouri Valley Conference opener to Bradley, 77-49, in Moline, Ill. on Thursday night.
“Our team had a really good week of practice going into the tournament. You play a team like Bradley that’s a really tough opponent for us considering what happened the first two times we played they won by an average of 51.5 points. We knew the start of the game was going to be critical for us and I actually thought our players did a really nice job with the gameplan and our execution and we had the lead early and I told them that if we could do that, hopefully we could just keep building the confidence on both ends and then hopefully at some point Bradley would start getting a little tight and a little nervous considering the situation and what has happened in the prior games but they went on a run there towards the end of the first and just kind of took control of the game and we just didn’t have an answer for them,” said Aces head coach Matt Ruffing. “We’ve got a lot of work to do in the offeseason. You don’t want to have a season like we had before and hopefully all the bad luck we had this year will be done now since the season is over and we have a lot of good luck moving forward.”
Noe led all-scorers on the night with 23 points on 7-of-14 shooting from the field and 3-of-6 shooting from beyond the arc. Joining Noe in double-figures was sophomore center Kaylan Coffman who finished with 10 points, seven rebounds, and a career-high five blocks. The Braves were led by Gabi Haack with 20 points, hitting five three-pointers, adding seven rebounds, an assist, and a steal.
Evansville opened the game strong both offensively and defensively as the Aces jumped out to a 9-4 lead with 6:54 left in the first quarter. The Braves cut the Aces’ advantage to just one at 9-8 just over a minute later, but following the media timeout, junior guard Kerri Gasper hit a pair of free throws to push Evansville’s lead to three at 11-8 with 4:44 remaining in the opening period. Over the final 4:07 of the quarter, Bradley manufactured a 16-0 run to close the period as the Braves grabbed a 24-11 lead following the opening 10 minutes.
In the second quarter, Coffman opened the frame with a jumper to stop the Braves’ run. Following Coffman’s basket, Bradley put together a 16-3 run pushing its lead to 40-16 with 1:16 left on the clock in the period. With 1:01 left in the quarter, sophomore guard Macie Lively drained a three-pointer to trim Bradley’s lead to 40-19, but the Braves closed the period with a pair of free throws as Bradley took a 42-19 advantage into the half.
The Aces kept pace with the Braves to start the third quarter as Evansville and Bradley traded baskets with Coffman scoring the first six points of the frame for UE as the Braves held 48-25 lead with 4:28 left in the period. Bradley put together an 8-0 run to move its advantage to 56-25 with 1:37 remaining in the quarter. Evansville closed the period on a 4-0 run on a basket by sophomore guard Marley Miller and two free throws from Noe that cut the Braves’ lead to 56-29 after the third quarter.
Noe put together an impressive performance in the fourth quarter as she scored 12 points in the first 4:34 of the frame, trimming Bradley’s lead to 20 at 65-45 with 5:26 left in the quarter. After a 7-0 Bradley run, Noe added two more points and Gasper contributed two of her own as the Braves’ lead sat at 23 at 72-49. To close the game, the Braves went on a 5-0 run as Bradley captured the 77-49 win.
Bradley out-shot the Aces, 40.8% (29-71) to 31.3% (15-48), while the Braves also earned an advantage in rebounds, 47-32.
The Aces end their season with a 3-27 overall record and an 0-18 mark in MVC action. This season Evansville broke the program and MVC records for best single-season team free throw percentage (82.0%), while Noe sits fourth in program history in single-season three-pointers (70), Gasper sits second in single-season free throw percentage (92.3%), Coffman sits sixth in single-season blocks (49), and junior center Kelsi Scott sits tied for ninth in field goal percentage (50%).
“READERS FORUM” MARCH 9, 2018
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?
WHATS ON YOUR MIND TODAY?
IS IT TRUE this is whats on our mind today?  We hope that the individuals involved in styling the new City of Evansville noise ordinance are aware that the Tortious interference liability laws will legally protect those business owners that are financially affected by an overreaching noise ordinance?
Todays “Readers Poll” question†Is: Do you feel that legislation needs to be passed to ban “bump stocks,†that converts semiautomatic guns into automatic weapons?
Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS†and “LOCAL SPORTSâ€.  You now are able to subscribe to get the CCO daily.
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