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Indiana Argues It May Discriminate In Some Court Services
Indiana Argues It May Discriminate in Some Court services
Dave Stafford for www.theindianalwywer.com
A deputy attorney general argued the state may discriminate in providing certain court services as Indiana appealed a ruling that a deaf man was discriminated against when Marion Superior Court denied him an interpreter for a mandatory mediation.
The statement came near the end of oral arguments Thursday before the 7th Circuit Court of Appeals, in which the state is appealing a ruling in favor Dustin King. Indiana asks the court to reverse Chief Judge Jane Magnus-Stinson’s ruling last May that the court violated the Americans with Disabilities Act by denying King a sign-language interpreter during a federally funded modest-means mediation program in his child custody case. By local court rule, civil litigants must mediate their disputes, but a judge waived the requirement that King participate when he asked for an interpreter in his mediation.
“Can the state discriminate against the disabled with respect to non-essential (court services)?†Circuit Judge David Hamilton asked Deputy Attorney General Kyle Hunter.
“Yes, with a rational basis,†Hunter said. “Under the Equal Protection Clause, with a rational basis.â€
Hunter said the trial court, for instance, “has a rational basis to not pay an interpreter for an out-of-court proceeding.â€
The exchange came after Judge Frank Easterbrook hammered advocates for King with questions about whether King’s fundamental right of access to the court had been violated. After all, he said, a judge had waived the requirement that King participate in the mediation, and his case was adjudicated. He also did participate in the mediation with the assistance of a family member who could interpret.
But King’s attorney, Andrea Ciobanu, supported by U.S. Justice Department Civil Rights Division attorney Dayna Zolle, argued that precluding King from court-mandated mediation services he wanted to participate in was not a reasonable accommodation under the ADA. They also said King’s family member wasn’t a court-certified interpreter, and they urged the panel to affirm Magnus-Stinson’s ruling.
“You’re just not remotely addressing what concerns me; maybe you don’t plan to,†Easterbrook challenged Ciobanu. “But the question is whether a particular thing is a fundamental right of access to the court?†He said the Supreme Court in Tennessee v. Lane, 541 U.S. 509 (2004), sought to distinguish between those services a court may provide and what constitutes fundamental access to courts.
“If Mr. King is not able to participate in the modest means mediation but for his disability, then it’s fundamentally unfair to him because everyone else can participate in the program,†Ciobanu said. “This is access to the court.â€
“The right to access of the courts includes the right to access judicial services that are designed in the administration of justice,†Zolle argued.
“We argue this case falls squarely within Tennessee v. Lane as this case also implicates the accessibility of judicial services, this class of cases involving access to services that the court offers to adjudicate legal disputes,†she said.
“Is the United States saying there is no distinction at all between all court-related services and the fundamental right of access to the court?†Easterbrook asked Zolle. After she sought to draw a distinction and Easterbrook persisted in questioning whether King’s fundamental rights had been violated after the trial court judge waived the mediation requirement, Zolle asked Easterbrook to repeat his question. He did not, instead sighing in seeming exasperation.
“I think we have completely lost one another now, counsel. Thank you very much,†Easterbrook said.
The state is entitled to sovereign immunity, Hunter said, and King’s request for an interpreter in the program would fundamentally alter the nature of the mediation program. The state also argues King failed to show that the Marion Superior Court had intentionally discriminated against him.
“The choice to waive (the mediation requirement) is actually only important because it shows the court is mindful of that right of access to the courts,†Hunter said.
“Access to mediation is not a constitutional right, it’s not a due process right. When the individual has full access to the court, mediation is not required.†he said.
Audio of the 7th Circuit arguments in Dustin King v. Marion Circuit Court, 16-3726, is available here.
Attorney General Curtis Hill Aims To Protect Storm VictimsÂ
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INDIANAPOLIS – Indiana Attorney General Curtis Hill today announced a new campaign aimed at protecting Hoosiers from fraudulent business practices in the wake of severe weather that leaves homes, vehicles or other property damaged. “Double check before you write a checkâ€Â is the latest consumer protection strategy from the Office of the Indiana Attorney General, safeguarding Hoosiers from individuals posing as roofing, tree-removal and window-replacement companies, among other types of restoration and repair businesses. “When severe weather rips through Indiana, the damage can be significant,” Hill said. “In the worst cases, the devastation can be heartbreaking. Many Hoosiers face the stress of out-of-pocket costs to make repairs to personal property. No Hoosier should face the additional nightmare of becoming the victim of a scam. “This spring and summer, I strongly urge all Hoosiers to double check a company’s name, reputation, history and authenticity before writing a check to a person claiming to represent such a business.†In the aftermath of storms that leave destruction in their paths, property owners are vulnerable — making perfect targets for scammers pretending to offer help cleaning up wreckage and making necessary repairs. Many people will attempt to reach out and offer a helping hand. With this comes the likelihood that restoration or home repair companies – some legitimate, some not – will also try to contact those affected the most. Hill advised Hoosiers to do their due diligence and avoid letting the emotional toll of the situation influence their decisions about repairing or replacing what is damaged or lost. It is often wise to be skeptical of anyone immediately offering their services. Hill offered several tips to Hoosiers: Avoid agreeing to any repair or restoration work on the spot during initial contact with someone offering services – this includes contracts. Avoid signing any legally binding agreements without first gathering information and researching a business being represented. Obtain information about the individual offering his or her services. Research the company the individual claims to represent. Look for signs of credibility such as an official website. Seek reviews and testimonials from former customers. “The best decision is an informed decision,†Hill said. “Double check before you write a check.†The Consumer Protection Division (CPD) of the Office of the Indiana Attorney General receives complaints every year when severe weather causes damage. The most common complaints are those against “storm chasers” — people who show up after severe weather events. Storm chasers often offer to come back and make repairs to damage that doesn’t require such repairs or doesn’t exist at all. A common example is a storm chaser who tells a resident their roof needs repaired or replaced when in fact it isn’t even damaged. The storm chasers will tell the resident a cost and offer to come back and do the work if a portion or all of the cost is paid up front prior to any repairs taking place. Once the consumer has paid, the scammer does not return to complete the job. In 2016, the CPD received 16 storm chaser complaints. The failure to perform a contract is a complaint received by the CPD that is similar to storm chaser scams. In this scenario, a person offering a service or the service of a company will agree to complete repairs that are actually needed — such as replacing the siding or windows on a house. They will request a portion or all of the cost up front and even provide a contract for the agreed-upon repairs and cost. However, once the scammer receives the payment up front, he or she never returns — and the consumer is left without the money they paid or the repairs they needed. In 2016, the CPD received 21 failure-to-perform-the-contract complaints. The most common scam reported after severe weather events in 2016 was the failure to complete a contract. In this situation, a consumer agrees to the necessary work with a person or the company that person claims to represent — and a portion or all of the cost is paid up front, prior to the repairs. The person will come back to the residence or property and start the agreed-upon repairs or restoration. However, in this scenario, after the work is started, the person or company paid to complete the work does not return, leaving the consumer with repairs that are still needed and no money to have them completed. In 2016, the CPD received 70 failure-to-complete-the-contract complaints. Finally, beware of contractors who present contracts that permit them to keep a portion of your insurance money if they negotiate with your insurance company, but then you decide not to use the contractor to perform repairs. The contractor often presents this as a “liquidated damages†or similarly-worded provision. The Division has seen contractors including this type of provision in their contracts and then using it to justify keeping a significant portion of insurance proceeds, even when they are not selected by the homeowner to perform repairs. Homeowners do not have to agree to these terms. Exercise your control over who performs your repairs and how they are paid. Be ready to refuse to do business with any contractor whose contract terms you do not like. Hoosiers are encouraged to contact the Consumer Protection Division of the Office of the Indiana Attorney General if they believe they have been scammed, or suspect someone may be trying to scam them after a severe weather event. You can reach the CPD by visiting IndianaConsumer.com or calling 1-800-382-5516. |
Women’s Tennis’ streak ends with loss to Bellarmine
University of Southern Indiana Women’s Tennis saw its four match winning streak come to an end Sunday afternoon, when they dropped a Great Lakes Valley Conference matchup to Bellarmine, 8-1.
Picking up the only point of the day for the Screaming Eagles (10-9, 2-2 GLVC) was freshman Alex Jamison (Floyds Knobs, Indiana) and junior Haley Jones (Ft. Branch, Indiana), as they won 8-6 at number three doubles.
Freshman Lauren Hambrock (Terre Haute, Indiana) won the first set a number one singles, but dropped sets two and three to fall 2-6, 6-2, 6-4.
The Eagles will now host the University of Indianapolis April 14 at 2 p.m. at the USI Tennis Courts.
Bellarmine University 8, Southern Indiana 1
Apr 09, 2017 at Evansville, Indiana (USI Tennis Courts)
| Singles competition |
| 1. Maggie Walroth (BU) def. Lauren Hambrock (USI) 2-6, 6-2, 6-4 |
| 2. Jennifer Skonieczny (BU) def. Kelsey Shipman (USI) 6-2, 6-1 |
| 3. Ashley Jonathan (BU) def. Brenna Wu (USI) 6-0, 6-2 |
| 4. Marissa Kovach (BU) def. Kymberly Brannon (USI) 6-1, 6-1 |
| 5. Sydney Thompson (BU) def. Alex Jamison (USI) 7-5, 6-1 |
| 6. Mairin Cotter (BU) def. Haley Jones (USI) 6-2, 6-1 |
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| Doubles competition |
| 1. Maggie Walroth/Ashley Jonathan (BU) def. Kelsey Shipman/Brenna Wu (USI) 8-6 |
| 2. Jennifer Skonieczny/Sydney Thompson (BU) def. Lauren Hambrock/Kymberly Brannon (USI) 8-3 |
| 3. Alex Jamison/Haley Jones (USI) def. Mairin Cotter/Bess Fley (BU) 8-6 |
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| Match Notes |
| Bellarmine University 16-4, 3-1 GLVC |
| Southern Indiana 10-9, 2-2 GLVC |
| Order of finish: Doubles (2,1,3); Singles (3,2,1,4,5,6) |
Eagles get over .500 with sweep
The University of Southern Indiana baseball team pushed its overall record over .500 for the first time in 2017 with a doubleheader sweep of the University of Wisconsin-Parkside, 4-3 and 14-3, Sunday afternoon at the USI Baseball Field. USI watched its record go to 16-14 overall and 9-3 in the GLVC, while UW-Parkside goes to 12-14, 6-6 GLVC.
USI senior designated hitter Jaylen Quarles (Indianapolis, Indiana) provided the offense for the Screaming Eagles in the 4-3 opening game win. Quarles gave USI a 3-1 lead in the fifth with the two-run triple to left center before driving in game-winning run with a bases-loaded, three-two walk-off walk in the bottom of the seventh.
The victory on the mound went to senior right-hander Justin Watts (Bryan, Ohio), who picked up the win in relief. Watts (3-1) allowed one run on one hit in the seventh, while striking out one to get the final five outs of the game.
Senior right-hander Colin Nowak (Carol Stream, Illinois) started and got the no decision for the Eagles. Nowak allowed two runs on five hits and struck out three in 5.1 innings of work.
In the nightcap, the Eagles pounded out a season-high 16 hits to defeat the Rangers, 14-3, and complete the four-game sweep. The victory also put the Eagles two games over .500 for the first time in 2017.
USI junior designated hitter Drake McNamara (Mt. Vernon, Indiana) and junior rightfielder Nick Gobert(Jasper, Indiana) combined to drive in nine of the 14 runs to lead the Eagles offensively. McNamara finished the game two-for-four with five RBIs and a double, while Gobert was three-for-four with four RBIs and a double.
The Eagles rallied from a 2-0 deficit in the second inning with two runs in the bottom half of the frame before scoring three in the third, two in the fourth, four in the fifth, and sealed the win with three in the seventh.
USI sophomore right-hander Austin Krizan (Mt. Vernon, Indiana) posted his second win of the year with six strong innings on the bump. Krizan (2-1) allowed two runs on four hits and a walk, while striking out one.
USI returns to non-conference play and the road Tuesday at 2:30 p.m. when it visits the University of Missouri-St. Louis. The Eagles increased its all-time series lead over the Tritons to 51-42 with a 6-5 win at the USI Baseball Field on March 22.
The next home series at the USI Baseball Field is April 14-15 when the Eagles host the Bearcats of McKendree University. USI leads the all-time series with McKendree, 20-12, after taking three of
Leonhardt, Bradley lift Eagles past Greyhounds in Top 25 battle
INDIANAPOLIS—Freshman pitcher Jennifer Leonhardt (Louisville, Kentucky) scattered two runs and eight hits throughout 11.2 innings of work to lead the No. 10 University of Southern Indiana softball team to a Great Lakes Valley Conference doubleheader sweep of No. 14 University of Indianapolis Sunday.
Leonhardt (20-1) earned a pair of wins, including a complete-game shutout in USI’s 4-0, game-one victory, while sophomore utility player Caitlyn Bradley (Forest, Indiana) had a three-run home run and a save in USI’s 5-2 win in the nightcap.
USI (34-8, 13-5 GLVC) returns to action Friday at noon when it hosts the University of Wisconsin-Parkside at the USI Softball Field.
Game 1 | Southern Indiana 4, Indianapolis 0
In a battle between two of the top pitchers in the Great Lakes Valley Conference, it was Leonhardt who came out victorious thanks to a dominating performance in the circle and some timely hits in the fifth and sixth innings.
Leonhardt allowed just two hits and struck out 10 batters as she earned her ninth complete-game shutout of the year.
USI broke a scoreless tie in the top of the fifth inning as a one-out double by sophomore second baseman Claire Johnson (Pittsboro, Indiana) followed by an RBI-single by senior shortstop Lexi Reese (Lebanon, Indiana) put the Eagles up 1-0.
An RBI-double by Bradley in the sixth frame followed by a two-run single by junior outfielder Olivia Clark-Kittleson (Carbondale, Illinois) staked USI to a commanding 4-0 advantage.
UIndy freshman sensation Lauren Honkomp (20-5) was charged with the loss after giving up four runs, three earned, off six hits in seven innings of work.
Game 2 | Southern Indiana 5, Indianapolis 2
Following a dominating performance in game one, Leonhardt returned to the circle in the nightcap in hopes of continuing that effort.
Indianapolis (29-13, 10-8 GLVC), however, had a home run and three hits in the opening frame to take a 1-0 lead over USI.
The Eagles responded in the top of the second inning as Bradley hit her second home run of the weekend and fifth of the season, this a three-run shot, to give USI a 3-1 edge.
USI took advantage of a two-out error in the seventh to tack on two more runs. Junior third baseman Mena Fulton (Bloomington, Indiana) drove in a run when she reached on an error, while freshman outfielder Allison Schubert (Nicholasville, Kentucky) followed with an RBI-single to stake USI to a 5-2 advantage.
Leonhardt (20-1) earned the win after giving up two runs off six hits in 4.2 innings of work, while Bradley came on in the fifth inning to get the Eagles out of a jam. Bradley earned her second save of the year after pitching back-to-back scoreless innings to end the contest.
Southern Indiana 4, Indianapolis 0 (Apr 09, 2017 at Indianapolis, IN) (Game 1)
———————————————————————-
Southern Indiana…. 000 013 0 -Â 4Â 6Â 0Â Â Â Â Â (33-8, 12-5 GLVC)
Indianapolis…….. 000 000 0 -Â 0Â 2Â 1Â Â Â Â Â (29-12, 10-7 GLVC)
———————————————————————-
Pitchers: Southern Indiana – Leonhardt, Jennifer and Hodges, Haley. Indianapolis –
Honkomp, Lauren and Turner, Dani; Liceaga, Julia; Beckwith, Samantha.
Win-Leonhardt, Jennifer(19-1)Â Loss-Honkomp, Lauren(20-5)Â T-1:38 PMÂ A-237
Weather: Splendid
Game: 41-UINDY
Southern Indiana 5, Indianapolis 2 (Apr 09, 2017 at Indianapolis, IN) (Game 2)
———————————————————————-
Southern Indiana…. 030 000 2 -Â 5 11Â 0Â Â Â Â Â (34-8, 13-5 GLVC)
Indianapolis…….. 100 010 0 -Â 2Â 6Â 1Â Â Â Â Â (29-13, 10-8 GLVC)
———————————————————————-
Pitchers: Southern Indiana – Leonhardt, Jennifer; Bradley, Caitlyn(5) and Hodges, Haley.
Indianapolis – Rhodes, Jamie; Sicard, Crystal(2); Honkomp, Lauren(7) and Liceaga, Julia.
Win-Leonhardt, Jennifer(20-1)Â Save-Bradley, Caitlyn(2)Â Loss-Rhodes, Jamie(0-1)Â T-4:02 PMÂ A-237
HR USI – Bradley, Caitlyn.
HR UINDY – Noone, Jessie; Turner, Dani.
Weather: Splendid
Game: 42-UINDY
Evansville Teen Life-Flighted After ATV Accident
Indiana Conservation Officers are investigating an ATV accident in Pike County that resulted in a teenage girl being life-flighted to an Evansville Hospital.
Baylee Coffman (17) of Evansville was ejected from an Arctic Cat ATV that rolled onto its side. She suffered significant injuries to her right arm and was transported to St. Marys Hospital for treatment.
Jacob Rice (18) of Petersburg was operating the ATV in circles when it rolled. He was able to roll it back onto its wheels and drove Coffman to a location accessible by ambulance.
Responding agencies included Petersburg Police Department, Petersburg Fire Department, Emergency One, Pike County Sheriff’s Department, Air Evac and Indiana Conservation Officers.
That accident occurred around 5:00 pm on private property near River Road west of Petersburg.
Neither subject was wearing a helmet or seatbelt.
Knight Classic Highlighted by Win in Steeplechase
University of Southern Indiana Women’s Track & Field swept the top three spots in the 3,000-meter steeplechase Friday at the Marian Knight Classic. Total, the Screaming Eagles earned eight top-10 finishes at the event.
Earning the win in the steeplechase for USI, junior Kate Duty (Owensboro, Kentucky) finished in 11 minutes, 21 seconds, while seniors Cathryn Peter (Tell City, Indiana) and Christina Kropid (Springfield, Illinois) followed with times of 11:29.81 and 11:58.65.
In the day’s other long distance event, senior Bailey Knable (New Albany, Indiana) competed in the 5,000-meters for the first time during the outdoor season, finishing as runner-up with a time of 18:20.78.
Three Eagles finished the 1,500-meters in less than five minutes, led by sophomore Micalah Booher (Pendleton, Indiana) in 10th-place after a finish of 4:57.23. Sophomore Allison Rollins (Evansville, Indiana) and junior Bryce Cutler (Benzonia, Michigan) had near identical times of 4:59.19 and 4:59.87, finishing 12th and 13th, respectively.
Senior Jenna Martin (Evansville, Indiana) picked up a third place finish in the 100-meters, while two more Eagles cracked the top-five in the 800-meters. Rollins and Booher (Pendleton, Indiana) picked up their second top-five finish on the day, finishing third and fifth in 2:26.64 and 2:30.50, respectively.
In the field, freshman Rylie Smith (Floyd Knobs, Indiana) also earned a top-five finish after clearing eight feet, 10.25 inches in the pole vault.
USI will travel to Walnut, California, April 13-14 to compete with some of the country’s top talent at the Mt. Sac Relays.
USI wins again, tops NAIA Taylor 6-3
The University of Southern Indiana women’s tennis team continued its winning ways Saturday, as they topped NAIA Taylor University 6-3 at the USI Tennis Courts.
The Screaming Eagles (10-8) took the first point of the match at number three doubles, as freshman Alex Jamison (Floyds Knobs, Indiana) and junior Haley Jones (Ft. Branch, Indiana) picked up the 8-3 win. The lead was extended to 2-0 after an 8-6 win at number two by freshman Lauren Hambrock (Terre Haute, Indiana) and senior Kymberly Brannon (Louisville, Kentucky).
Jamison won her fifth match in a row at number five singles, sweeping 6-0, 6-0. Brannon also picked up a win at number four, grabbing the 6-2, 6-4 victory.
Junior Kelsey Shipman (Olney, Illinois) won 6-2, 6-0, at number two, and rounding out the scoring for USI was senior Brenna Wu (Evansville, Indiana) as she won at number three 6-0, 6-1.
USI returns to GLVC play tomorrow at noon when they host Bellarmine at the USI Tennis Courts.
Southern Indiana 6, Taylor University 3
Apr 08, 2017 at Evansville, Indiana (USI Tennis Courts)
| Singles competition |
| 1. Molly Fletchall (TU) def. Lauren Hambrock (USI) 7-6 (7-3), 6-3 |
| 2. Kelsey Shipman (USI) def. Alexa Kling (TU) 6-2, 6-0 |
| 3. Brenna Wu (USI) def. Courtney Clark (TU) 6-0, 6-1 |
| 4. Kymberly Brannon (USI) def. Mikayla Schultz (TU) 6-2, 6-4 |
| 5. Alex Jamison (USI) def. Corinne Hoffman (TU) 6-0, 6-0 |
| 6. Molly Pile (TU) def. Haley Jones (USI) 6-3, 6-2 |
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| Doubles competition |
| 1. Molly Fletchall/Courtney Clark (TU) def. Brenna Wu/Kelsey Shipman (USI) 9-7 |
| 2. Lauren Hambrock/Kymberly Brannon (USI) def. Alexa Kling/Mikayla Schultz (TU) 8-6 |
| 3. Alex Jamison/Haley Jones (USI) def. Corinne Hoffman/Molly Pile (TU) 8-3 |
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| Match Notes |
| Taylor University 9-6 |
| Southern Indiana 10-8 |
| Order of finish: Doubles (3,2,1); Singles (5,3,2,4,6,1) |
Softball sweeps Saturday doubleheader against Drake
 Aces look for series sweep on Sunday
DES MOINES, Iowa – Sophomore Morgan Florey hit two home runs from the plate and threw a complete game in the circle as the University of Evansville softball team swept a Saturday doubleheader at Drake. Ashleigh Downing tossed a complete game 1-hitter while Brittany Hay was 5-for-7 from the plate on the day while scoring six runs.
“We got some stellar pitching today in both games,†Purple Aces head coach Mat Mundell said. “We have worked hard all week on our hitting approach and it really paid off today. When this team puts it all together, look out!
Game one saw Evansville (15-20, 6-5 MVC) earn an 8-2 win over Drake (19-18, 3-8 MVC) before taking a 5-inning 10-0 victory in the second contest.
Florey was back in the circle for the Aces in game one and went the distance once again, giving up two runs, one earned, on three hits and a walk while striking out 8 Bulldog batters. UE got off to a quick start as Brittany Hay led the day off with a single before Florey opened up the scoring with a long homer to left as the Aces took a 2-0 lead.
Drake knotted it up with two runs in the second, but the Aces went right back in front in the top half of the third. It was Hay leading it off with another hit, this one a double to center. She would later score on a Hayli Scott base knock. Two runs scored in both the 4th and 6th innings. Bailee Bostic had an RBI hit in the fourth while Tess Hupe scored on a wild pitch and Scott had another RBI in the sixth. Some insurance was added in the seventh as Chandra Parr came home on an error to make it the final of 8-2.
Hay was 3-4 in the game while scoring three times. Michal Luckett and Hupe notched two hits apiece as UE outhit the Bulldogs, 12-3.
The offense was cranking in game one and saw that continue into the second matchup as UE plated 10 runs. Morgan Lambert got it started with a solo home run in the second inning before four runs would score in the third. Ashlee Kawall hit a 2-run single in the frame and would score a run herself on Florey’s second home run of the doubleheader later in the inning.
Three more were added to the scoreboard in the next inning. With one out, Hupe singled to left and came home when the next batter – Brittany Hay – doubled to center. Hay would later score on an error before the third run of the inning came home on a Lambert single.
Evansville wrapped up the scoring in the fifth as Hay came through once again. A 2-run home run to center field capped off a doubleheader sweep for the Purple Aces.
Another great offense game saw Hay go 2-3 with three runs and three RBI in the game while Lambert also had herself a 3-hit game. Evansville mustered up 10 hits while holding DU to one. In the circle, Ashleigh Downing had another great outing, giving up just one hit and no walks in five innings of work