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Judge Denies State Bid To Reduce $31 Million Award Against DCS
Dave Stafford for www.theindianalawyer.com
A federal judge Friday rejected the state of Indiana’s motion to reduce a jury’s $31 million award last year against Department of Child Services workers and a state police officer for the wrongful removal of a couple’s children and prosecution of their parents.
“(T)he court finds no reason to conclude that the jury’s award in this case was either excessive or unreasonable as compared to other similar (or dissimilar) cases,†Judge Rudy Lozano wrote in an order issued Friday in Roman Finnegan, et al. v. Laurel Myers, et al., 3:08-CV-503.
Almost a year ago, a jury in the U.S. District Court for the Northern District of Indiana returned the verdict after a 15-day trial. The jury ruled for the plaintiffs on four of five claims that actions of DCS caseworkers and investigators violated the rights of Pulaski County family whose daughter died.
Lynette and Roman Finnegan’s children were taken from their home after their daughter, Jessica, died and DCS suspected abuse. But a later investigation determined the child died after she was prescribed medication that caused a fatal drug interaction with another medication she took to treat a heart condition.
Nevertheless, DCS continued to pursue false neglect substantiations against the parents that a Pulaski County judge wrote were arbitrary and capricious as a matter of law.
“Today’s ruling confirms the jury’s findings that the DCS defendants repeatedly violated the constitutional rights of the Finnegan family, causing enormous damage and warranting the $31 million verdict,†Indianapolis attorney Ron Waicukauski said in an email. “We are pleased by the thoughtful decision and are glad to be one step closer to bringing the Finnegans’ decade-long ordeal to a just conclusion.â€
A spokesperson for the office of Indiana Attorney General Greg Zoeller, which defended the state in this case, did not immediately respond to a message seeking comment.
Tournament to be played on Monday and Tuesday
 A quick turnaround has the University of Evansville men’s golf team back on the course on Monday at the Butler Fall Invitational.
Highland Golf Club in Indianapolis will host the event on Monday and Tuesday. Par is set to be a 70. Play gets underway on Monday at 9 a.m. with Tuesday’s final round beginning at 8:30 a.m. Both times are eastern.
Aside from host Butler and the Aces, other teams playing are: Marian, Eastern Illinois, Chicago State, IUPUI, Bellarmine, UIndy, Morehead State and Vincennes.
Wil Pahud fired off an even 72 as Aces completed the NKU Fall Collegiate Classic in 12th place on Monday at Elks Run Golf Club.
Pahud’s even round for the day gave him a total of 227 for the event, good for a tie for 46th out of the 100 golfers. Tyler Gray was the top finisher for the Purple Aces. He shot a 1-over 73 on Monday and tied for 23rd. He completed the event with a 222.
Third on the squad was Cameron Weyer. His 79 in the final round saw him finish the tournament with a 234. He tied for 72nd. One behind Weyer was Noah Reese. His 78 on Monday gave him a total of 235, tying for 76th. Matthew Ladd registered an 88 in the final day and total a 238 in the three rounds of play.
Evansville’s top individual finisher was Zac Turi. The sophomore carded a 79 in the final round and tied for 61st in the final finishing order. His total was a 231. Austin Carmack was two behind Turi with a 3-round score of 233. He finished tied for 69th.
Bella is a 2-year-old female American Staffordshire Terrier. She was surrendered to the shelter with 2 other dogs. Bella is shy, but she does much better with a more confident dog companion like her sister Bailey. Bella’s adoption fee is only $100 and is all-inclusive. If you’d like to adopt one of her sisters as well, get a $25 discount for adopting two dogs at once! Contact the Vanderburgh Humane Society at (812) 426-2563 or www.vhslifesaver.org for details!
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 Below are the felony cases filed by the Vanderburgh County Prosecutor’s Office today.
Jonathon Andrew Onan Unlawful possession of a syringe, Level 6 felony
Gary Williams Jr. Intimidation, Level 6 felony
Invasion of privacy, Class A misdemeanor
Invasion of privacy, Class A misdemeanor
Resisting law enforcement, Class A misdemeanor
Possession of marijuana, Class A misdemeanor
April Gaye Spore Possession of methamphetamine, Level 6 felony
Possession of marijuana, Class B misdemeanor
Nathan Levi File Operating a motor vehicle after forfeiture of license for life, Level 5 felony
Possession of methamphetamine, Level 6 felony
Possession of a narcotic drug, Level 6 felony
Shane Ferrell Teare Operating a vehicle as a habitual traffic violator, Level 6 felonyÂ
Mario Morris Criminal confinement, Level 6 felony
Possession of a narcotic drug, Level 6 felony
Thomas Earl Evans Failure to register as a sex or violent offender, Level 6 felony
Failure of a sex offender to possess identification, Class A misdemeanor
COMEDIAN RON WHITE
January 12th – 8:00pm
Victory Theatre
Tickets On Sale:
Friday, October 7th @ 10:00 am
Ron “Tater Salad†White, best known as the cigar smoking, scotch drinking funnyman from the “Blue Collar Comedy†phenomenon, makes his return to Evansville with his new stand-up show at Victory Theatre.
White has achieved three Grammy nominations, a Gold Record, two of the top rated one-hour specials in Comedy Central history, a book that appeared on the New York Times Best Seller List, and CD and DVD sales of over 10 million units.
Currently, White can be seen in music-industry vet Cameron Crowe, and renowned director JJ Abrams’ new Showtime series, Roadies. White plays road-tested tour manager Phil, in a critically praised performance.
For Mature Audiences Tickets are $44.75 and $54.75
Each MVC team will play in event
EVANSVILLE, Ind. – Beginning on Monday, the University of Evansville women’s golf team will play in a tournament that will live up to its name as the Purple Aces head to Cape Girardeau, Mo. for the MVC Preview.
All ten Missouri Valley Conference teams will be participating in the tournament along with Murray State, UMKC, Arkansas State and Austin Peay. Two rounds will be played on Monday with the final round to take place on Tuesday. Par will be a 72 and the yardage is 6,214. Action each day begins with an 8 a.m. shotgun start.
Evansville played its second tournament of the season on Sept. 19 and 20 at Loyola. Seniors Maggie Camp and Kayla Katterhenry paced the team with scores of 83 on the final day.
Katterhenry’s round saw her finish the tournament with a 244, which put her in a tie for 10th place overall. Her rounds on the first day finished at an 80 and 81. Second for the Aces was Camp. Her effort of 83 in the final round saw her finish in a tie for 22nd. She completed the tournament with a 252.
Two strokes behind Camp was Madison Chaney. Her total of 85 in the last round put her in a tie for 26th place with a 254. Next was Maria Pickens. An 84 in the final round was good for a final of 257, giving her 33rd. Giulia Mallmann was one spot back in 34th with a 259.
Lexie Sollman and Carly Waggoner continued play as individuals for Evansville. Sollman’s 92 saw her finish the event with a 274 while Waggoner’s 88 in the final round put her final total at a 276.
 Below are the felony cases filed by the Vanderburgh County Prosecutor’s Office yesterday.
Tyron Deandre McNeal Neglect of a dependent, Level 6 felony
Resisting law enforcement, Class A misdemeanor
Nichoel Ann Wilkerson Battery against a public safety official, Level 6 felony
Domestic battery, Class A misdemeanor
Resisting law enforcement, Class A misdemeanor
Blake Matthew Cadwalader Dealing in marijuana, Level 5 felony
Maintaining a common nuisance – controlled substances, Level 6 felony
Anfernee Lamar Crawford Dealing in marijuana, Level 6 felony
Theft of a firearm, Level 6 felony
Joshua James Carr Dealing in marijuana, Level 5 felony
Maintaining a common nuisance – controlled substances, Level 6 felony
Driving while suspended, Class A misdemeanor
Jeffrey Donnel Pendelton II Dealing in marijuana, Level 5 felony
Maintaining a common nuisance – controlled substances, Level 6 felony
Possession of a controlled substance, Class A misdemeanor
Jason Dean Case Failure of a sex offender to possess identification, Level 6 felony
Jared Bruce Seaton Intimidation, Level 6 felony
Intimidation, Level 6 felony
Public intoxication, Class B misdemeanor
Disorderly conduct, Class B misdemeanor
Travis Eugene Mulkey Theft, Level 6 felony
Theft, Level 6 felony
Alvin Kevin Duncombe Possession of methamphetamine, Level 6 felonyÂ
Jacob Conrad Weyer Unlawful possession of a syringe, Level 6 felony
Driving while suspended, Class A infraction
Lerin Rae Twitty Possession of methamphetamine, Level 6 felony
Unlawful possession of a syringe, Level 6 felony
William Eugene Fitts Criminal confinement, Level 6 felony
Criminal confinement, Level 6 felony
Michael Warner Payne Residential entry, Level 6 felony
Resisting law enforcement, Class A misdemeanor
Criminal mischief, Class A misdemeanor
Aaron Michael Warren Criminal confinement, Level 3 felony
Criminal confinement, Level 3 felony
Criminal confinement, Level 3 felony
Attempted battery by means of a deadly weapon, Level 5 felony
Pointing a firearm, Level 6 felony
Strangulation, Level 6 felony
Carrying a handgun without a license, Class A misdemeanor
Keith Lavonte Brown Dealing in a synthetic drug or synthetic drug look-alike substance, Level 6 felonyÂ
Corey Amond Wharton Attempted trafficking with an inmate, Level 5 felony
Dealing in a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor
Pierre Dandre Roberts Attempted trafficking with an inmate, Level 5 felony
Possession of methamphetamine, Level 6 felony
Resisting law enforcement, Level 6 felony
Attempted obstruction of justice, Level 6 felony
Laura Jean Earle-Adkins Battery by bodily waste, Level 6 felony
Disorderly conduct, Class B misdemeanor
Antonio Nathaniel Norman Domestic battery, Level 6 felony
Domestic battery, Level 6 felony
Strangulation, Level 6 felony
Intimidation, Level 6 felony
Intimidation, Level 6 felony
Resisting law enforcement, Class A misdemeanor