Adopt A Pet
Ally is a 12-year-old female calico/torbie cat! She is front-declawed, so she’d make a great pet for an apartment dweller or an elderly person. Her adoption fee is $50 and includes her spay, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!
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7th Circuit Orders New Hearing In Marion County Wrongful-Detention Suit
7th Circuit Orders New Hearing In Marion County Wrongful-Detention Suit
Olivia Covington for www.theindianalawyer.com
The issue of the certification of two subclasses of inmates who allege they were wrongfully detained for unconstitutional periods of time is back before a district court after the 7th Circuit Court of Appeals ruled the court erred in initially denying class certification.
In Michael Driver, et al. v. Marion County Sheriff, et al., 16-4239, plaintiffs brought a case against the Marion County Sheriff’s Department and the Consolidated City of Indianapolis and Marion County, alleging their practices caused the class member to be detained in the Marion County Jail for an unreasonable amount of time in violation of their Fourth Amendment rights. The plaintiffs sought to certify five subclasses, but the U.S. District Court for the Southern District of Indiana granted certification to only two of the subclasses.
The plaintiffs petitioned the 7th Circuit Court of Appeals for permission to appeal the denial of two of those class certifications, which included individuals who were confined from Dec. 19, 2012, to the present after legal authority for the detentions ceased. The plaintiffs claimed the proposed class members were people who were unlawfully detained due to the sheriff’s office’s practice of operating under a standard of allowing up to 72 hours to release prisoners ordered to release; and due to the office’s employment of a computer system that was inadequate for the purposes of ensuring the timely release of prisoners.
The appellate court granted an interlocutory appeal, then ruled on the merits in a Thursday opinion that held Judge Richard L. Young in the Southern District had erred in denying the class certifications.
Specifically, Judge Ilana Rovner wrote that Young had applied a 48-hour rule for defining the reasonableness of a detention, relying on the case of County of Riverside v. McLaughlin, 500 U.S. 44 (1991), and thus determined that members of the proposed class detained for less than 48 hours could not be treated the same as those detained more than 48 hours. However, the proposed class in the instant case involves a different set of facts than in McLaughlin, which addressed the amount of time between a warrantless arrest and a judicial determination of probable cause, Rovner said.
Here, legal authority for the detention of the proposed class had ceased, so “the tasks involved in the situation presented here are significantly less onerous and less time-consuming than the ones involved in McLaughlin,†Rovner wrote. Thus, relying on McLaughlin’s 48-hour rule to define an unreasonable detention does not make sense, she said.
Further, she wrote there was evidence the sheriff profited from an arrangement in which it received its computer system for free and failed to follow the standard review process in choosing the system. The chosen system, OMS, was rife with technical issues, she said, yet the sheriff’s office chose to continue using it, even in the face of significant delays.
Young denied certification to the second subclass affected by the computer system because it was not “identifiable,†but Rovner wrote that “given the evidence of a dramatic increase in detention times in correlation with the implementation of the computer system…the class is capable of detention both by the timing and the length of the delay in the release.â€
The case was remanded with instructions to the district court to “consider factual and legal issues comprising plaintiffs’ cause of action insofar as those issues are necessary to a determination of the (Federal Rule of Civil Procedure 23) factors.â€
UE Volleyball to open 2017 home schedule against IU
Aces announce 2017 schedule
EVANSVILLE, Ind. – An exciting home opener against Indiana University highlights the 2017 University of Evansville volleyball schedule.
The home opener versus the Hoosiers is set to take place on Friday, September 8 at 7 p.m. as part of the Dunn Hospitality Invitational. It will be the first game at the newly-remodeled Meeks Family Fieldhouse while also marking the naming ceremony for Lois D. Patton Court.
“I am excited for this year’s schedule, as it offers a good balance and preparation for our 2017 fall roster,†Purple Aces head coach Manolo Concepcion explained. “The majority of teams that we are facing in Pre-Season simulate the type of opponents that we will face in the MVC, so it allows us to get tested right away and opens the door for the six new players we have to transition effectively into what is considered to be the best mid major conference in the nation.â€
“It is also great to continue the tradition of bringing a big time school to visit us each year. This time, it creates what could be the most interesting rival for our community yet: Indiana University (who is coming for the first time in the history of our volleyball program),†Concepcion added. “They will represent our first home match of the year: A game people would not want to miss; especially because of the event itself, where we will be inaugurating our brand new Taraflex Floor, making us the first program in the MVC to play in this type of international level material. A night that would also give us the opportunity to honor one of the most transcendental people that have ever worked in our department – Lois Patton – with a special dedication ceremony.â€
On August 25, the season officially begins with a trip to the Western Illinois Tournament. UE will take on Chicago State, Manhattan and Western Illinois over the 2-day event. The second non-conference tournament will take place on September 1 and 2 as the Aces make their way to Cape Girardeau, Mo. for the Redhawks Invitational. In that tournament, the Aces will play Arkansas-Pine Bluff, Morgan State and Southeast Missouri State.
Home play commences on Sept. 8 with the dedication of Lois D. Patton Court as UE welcomes the Indiana Hoosiers for a 7 p.m. match. A pair of contests are on tap on the 9th as Evansville takes on UAB and UT Martin. A trip to Muncie, Ind. wraps up the non-conference slate as the squad will take part in the Ball State/Butler Tournament. Ball State, Butler and Duquesne are the opponents.
Missouri Valley Conference play starts with a trip to Terre Haute to take on Indiana State on Sept. 22. Three days later, the first home league game is on tap as the Aces welcome Illinois State to Meeks Family Fieldhouse.
A pivotal home stretch in early October will see the Aces play three home MVC matches in four days. They take on Drake and UNI in a regular weekend schedule before hosting Bradley on Oct. 9. Another important MVC weekend will take place on Oct. 27-28 when Missouri State and Southern Illinois come to town. The Bears are coming off of an NCAA Tournament berth last season.
November 9 and 10 will mark the final home matches of the season when new league member Valpo along with Loyola
VANDERBURGH COUNTY FELONY CHARGES
 Evansville, IN – Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.
Mason Jeffrey Miller:Â Attempt burglary (Level 5 Felony), Intimidation (Level 6 Felony)
Donald Wayne Cline: Domestic battery resulting in moderate bodily injury (Level 6 Felony)
Destin Jay Svestka: Burglary (Level 4 Felony), Burglary (Level 4 Felony), Burglary (Level 4 Felony), Attempt Burglary (Level 4 Felony), Resisting law enforcement (Class A misdemeanor), Resisting law enforcement (Class A misdemeanor)
Tony E. Clemmons:Â Attempt Burglary (Level 4 Felony), Intimidation (Level 6 Felony)
Nathan Fay Crowley III: Unlawful possession of a firearm by a serious violent felon (Level 4 Felony), Possession of a narcotic drug (Level 6 Felony)
Randall David Casteel:Â Conspiracy Dealing in methamphetamine (Level 2 Felony), Dealing in methamphetamine (Level 2 Felony)
Bradley Joseph Ventress: Unlawful possession of a firearm by a serious violent felon (Level 4 Felony), Possession of methamphetamine (Level 5 Felony), Possession of methamphetamine (Level 5 Felony)
Donald Wayne Robb: Invasion of privacy (Level 6 Felony)
USI women’s soccer reveals 2017 schedule
Screaming Eagles on the road to start campaign
COMPLETE 2017 WOMEN’S SOCCER SCHEDULE
EVANSVILLE, Ind. – The University of Southern Indiana women’s soccer team kicks-off the 2017 campaign with six-straight road games, beginning with the neutral site match with Tiffin University August 31 in Findlay, Ohio. The 17-game slate includes seven home games and 10 road games.
Following the six-game road trip that includes the Great Lakes Valley Conference opener September 8 versus the University of Missouri-St. Louis, the Screaming Eagles begin the home portion of the GLVC slate with the University of Indianapolis September 22. The remainder of the 2017 home campaign includes Quincy University (October 6), Truman State University (October 8), Drury University (October 20), Missouri University of Science & Technology (October 22), and defending conference champion McKendree University (October 25). The USI-Missouri S&T contest will be the annual Kick for the Cure match, while the USI-McKendree match-up is Senior Day for the Eagles.
Following the start of the GLVC season at UMSL and Maryville University (September 10), the Eagles travel to face Bellarmine University (September 17), Lewis University (September 29), the University of Illinois Springfield (October 1), William Jewell College (October 13), and Rockhurst University (October 15)
USI enters 2017 under the direction of Eric Schoenstein, who completed his first season with a 9-9-1 overall mark. The Eagles return their top scorer from last year in junior forward Ryley Hancock (Evansville, Indiana), who had 14 points on six goals and two assists.
HOT JOBS IN EVANSVILLE
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Air Quality Forecast
Air quality forecasts for Evansville and Vanderburgh County are provided as a public service. They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health. The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday). When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.
Ozone forecasts are available from mid-April through September 30th. Fine particulate (PM2.5) forecasts are available year round.
| Friday
June 16 |
Saturday June 17 |
Sunday June 18 |
Monday June 19 |
Tuesday June 20 |
|
| Fine Particulate (0-23Â CST avg) Air Quality Index |
Good | Good | Good | Good | NA* |
| Ozone Air Quality Index |
Moderate | Moderate | Moderate | Moderate | NA* |
| Ozone (peak 8-hr avg) (expected) |
NA* | NA* | NA* | NA* | NA* |
* Not Available and/or Conditions Uncertain.
Air Quality Action Days
Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.
Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).
Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.
National and regional maps of current conditions are available through USEPA AIRNow.
UE Athletics to honor Lois D. Patton with court naming
Patton to have two courts named after herÂ
When the University of Evansville volleyball team takes to the floor for their home-opening contest on September 8, they will be playing on Lois D. Patton Court inside the Meeks Family Fieldhouse on a brand new Taraflex floor.
The department announced the naming updates on Thursday. Formerly Meeks Family Court, the Fieldhouse will house the Purple Aces volleyball and women’s basketball teams.
New amenities of the facility include:
-Â Â Â Â Â Â New bleachers on the west side of the facility
-Â Â Â Â Â Â Chairback seating
-Â Â Â Â Â Â Taraflex floor for volleyball (1st facility in the MVC to do so)
-      Resurfaced women’s basketball floor
-Â Â Â Â Â Â New baskets
-Â Â Â Â Â Â Upgraded sound system
-Â Â Â Â Â Â New main videoboard, score/stat board, LED scoreboard on each sideline and two video sideline boards
-Â Â Â Â Â Â Updated volleyball netting equipment
UE is also excited to honor women’s sports pioneer Lois D. Patton by naming the volleyball and women’s basketball floors in her honor. Patton will be on hand for two naming ceremonies in the regular-season openers for the volleyball and women’s basketball squads. The first ceremony will be on September 8 when the UE volleyball team opens up the facility against Indiana University. A second will take place on November 12 for the women’s basketball home opener versus Murray State.
Patton, who was the 2016 recipient of the John Sanders Spirit of the Valley Award, began her career at UE in 1966 with one goal in mind – to give females the opportunity to compete at the highest level of collegiate athletics. It is appropriate that the first regular-season contest on the court bearing her name will see the women playing at the highest level, welcoming the Indiana Hoosiers.
The naming also comes as the Missouri Valley Conference celebrates its 25th year of women’s athletics in 2017-18.
“This is a very unique honor,†Patton said. “It was quite a surprise, I never expected anything like that. It would be nice to put all of the student-athletes and coaches names on there that have been there who have been working towards this since the beginning.â€
“When I started, we did play IU in basketball in the mid-1970’s. We were competitive with their B team in the 70’s but now we are competitive with their A team,†Patton added.
She continues to be an active supporter of Purple Aces athletics to this day and the present administration knows just how important her contributions have been.
“Lois Patton has been such an integral part of women’s sports history at UE,†UE Director of Athletics Mark Spencer said. “This is the perfect way to recognize her for all of her work and dedication to UE athletics as a whole. She has been a great representative of the University of Evansville and we are very proud to recognize her in this way.â€
Senior Associate Athletic Director for Internal Operations and Senior Women’s Administrator Sarah Solinsky echoed those sentiments.
“We are excited to recognize Lois Patton, a true pioneer in women’s athletics, by naming and dedicating the volleyball and basketball courts to honor her contributions to UE,†Solinsky said. “This will be a special year for women’s sports with the facility renovation, court celebrations for Lois and celebrating the 25th anniversary of women’s sports in the MVC.â€