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Justices Take Case On DCS Caller Confidentiality

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Justices Take Case On DCS Caller Confidentiality

written by Dave Stafford for Indiana Lawyer

September 6, 2016

The Indiana Supreme Court will decide whether the Indiana Department of Child Services may be sued for failing to maintain the confidentiality of a caller who reported suspected child neglect.

Justices last week granted transfer in John Doe #1, et al. v. Indiana Department of Child Services, 49S02-1609-CT-464. A divided Court of Appeals panel reversed summary judgment in favor of DCS on a civil tort alleging DCS was negligent in failing to protect the reporting source, which violated I.C. § 31-33-18-2.

Majority judges Robert Altice and James Kirsch held that in the specific circumstances of John Doe #1, the Does established that DCS owed a duty of care to them, and therefore could be the subject of a complaint alleging negligence. Chief Judge Nancy Vaidik dissented, writing that the Legislature did not intend to create a private right of action.

Justices took one other negligence case before the Labor Day weekend, granting transfer on the question of whether a woman in a karate class who held a training bag may sue a man whose kick injured her.

Tresa Megenity sued David V. Dunn after she was injured in a karate class. Megenity claimed she was expecting a front kick, but Dunn delivered a kick with a jump, the force of which caused injuries. Dunn won summary judgment at the trial court, but a majority of the Court of Appeals — writing Judge Edward Najam and Judge Melissa May reversed, holding this was an issue of material fact requiring reversal. Judge Patricia Riley dissented and would have affirmed, and would have decided the matter based on the broad scope of karate, rather than whether Dunn’s kick was outside the sport’s reasonable and appropriate conduct.

The case is Tresa Megenity v. David V. Dunn, 22S04-1609-CT-465.

EVSC to Roll Out Texting Option for Parents

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In order to better communicate with families, the Evansville Vanderburgh School Corporation is officially rolling out text messaging as another avenue for communication and family notification. Text messages will officially begin Tuesday, September 20, and will be an addition to the phone calls and emails families receive.

Families who wish to receive text messages from the EVSC and their school must opt-in to the service. On Tuesday, September 20, families who have a wireless number listed in their student’s account with the EVSC will receive a message from 67587 asking them to reply “Y” to confirm and to continue receiving messages.  Those individuals who do not wish to receive texts can disregard the message.  Any wireless number listed on the student’s account can opt-in to receive text messages.

“This will be a great service to our parents and families,” said Jason Woebkenberg, EVSC Chief Communications Officer. “Our families communicate in so many different ways today and we know that one important way is through texts. Having the ability to quickly communicate with parents via text messaging will be important as we continue to refine ways we communicate with our families.”

As always, messaging and data rates may apply and the frequency of text messages will vary. Individuals may call 812-435-EVSC with questions.

Eagles Turn Attention To Augustana Invitational

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EVANSVILLE, Ind.—University of Southern Indiana Volleyball returns to action Friday and Saturday when it competes at the Augustana Invitational in Sioux Falls, South Dakota.

The Screaming Eagles (4-0) look to carry their momentum from a strong opening weekend into this week’s action as they take on No. 13 Winona State University Friday at 12:30 p.m. and Saturday at 10 a.m.; No. 22 Augustana University Friday at 7 p.m.; and Chadron State College Saturday at 3:30 p.m.

This weekend’s matches will be held at the Sanford Pentagon, site of the 2016 NCAA Division II Volleyball Championships as well as the 2017 NCAA II Men’s Basketball Elite Eight. Live stats and video for all four matches can be accessed at GoUSIEagles.com.

USI Volleyball Notes (September 6, 2016)

Flagler Invitational champs: By virtue of their 4-0 record, the Eagles captured the Flagler Invitational championship this past weekend. Included in their four wins were victories over host Flagler College, the 2015 Peach Belt Conference champions, and Valdosta State University, a 23-win team from 2015 that was picked to finish third in the Gulf South Conference this year.

Comeback kids: USI Volleyball rallied from match deficits in three of the four matches it played at the Flagler Invitational. The Eagles found themselves in two-set deficits against Flagler and Valdosta State before rallying for five-set triumphs in both matches. USI trailed Brevard, 1-0, in its fourth match of the weekend before rallying for a four-set victory.

Statistical Leaders: Freshman outside hitter Mikaila Humphrey (Floyd Knobs, Indiana) and junior outside hitter Shelbi Morris (Brazil, Indiana) paced the Eagles’ attack last week with 3.31 and 2.94 kills per set, respectively. Junior middle hitter Te’Ayla Whitfield (Fort Wayne, Indiana) averaged a team-best 1.29 blocks and 0.53 aces per frame, while senior setter Quin Shoultz (Columbus, Indiana) and junior libero Shannon Farrell (Munster, Indiana) led the Eagles with 9.24 assists and 3.82 digs per game, respectively.

No Bones about it: Whitfield, nicknamed Bones by her teammates, displayed an all-around game for the Eagles last week. She had at least five kills in each of USI’s matches, while twice racking up four aces. She had at least six blocks in USI’s last three outings, including seven in both of USI’s wins on Saturday.

Nice debut: Humphrey made her collegiate debut in USI’s come-from-behind win over Flagler last Friday. She racked up 11 of her 12 kills in the final three frames as USI rallied from a two-set deficit to defeat the Saints. Humphrey had 12 of her 16 kills in the final three sets as the Eagles rallied from a two-game deficit to defeat Valdosta State on Saturday.

Neutral site success: The Eagles have played well in neutral-site contests dating back to the 2014 season. Including this year, USI is 12-2 in its last 14 neutral-site matches.

Scouting the opposition: USI has a tough task this weekend as three of the four matches it plays features opponents ranked in this week’s AVCA Top 25. Winona State, which USI plays twice, enters the week ranked No. 13 after posting a 5-0 record last week, while Augustana is ranked No. 22 after posting a 4-0 mark last week. Chadron State went 1-3 in its opening weekend of competition.

 

USI’s Lutz, Roberts Net GLVC Weekly Honors

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USI’s Lutz, Roberts Net GLVC Weekly Honors

University of Southern Indiana senior Noah Lutz (Evansville, Indiana) and junior Emily Roberts (Fredericktown, Ohio) have been named the Great Lakes Valley Conference Male and Female Cross Country Runners of the Week, respectively.

Lutz is coming off his first collegiate cross country victory this past Friday as he led the No. 8 Screaming Eagles to a perfect score of 15 points among the non-NCAA Division I teams at the season-opening Gabby Reuveni Early Bird. Lutz crossed the finish line with a six-kilometer time of 19 minutes, 0.9 seconds, nearly 10 seconds ahead of the second-place finisher.

This marks the first career GLVC Runner of the Week award for Lutz, who is a two-time All-GLVC honoree on the cross country course.

Roberts is earning her third-career GLVC Runner of the Week award after finishing first at the Gabby Reuveni Early Bird this past Friday. Roberts, who finished fifth at the NCAA II Championships last year, completed the 4k in 13:57.60 to lead the No. 10 Eagles to a perfect score of 15 amongst the non-NCAA Division I teams in attendance.

Had the meets been scored with the Division I teams, both USI’s men and women would still have posted first-place finishes.

The Eagles return to action September 16 when they compete at the Michigan State University Spartan Invite in East Lansing, Michigan.

 

JASON BONHAM’S LED ZEPPELIN EXPERIENCE

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For the last 18 months, Jason Bonham’s Led Zeppelin Experience has been touring in North America. Evansville’s Old National Events Plaza will host them on Tuesday, December 6! Jason Bonham, born is the British drummer and son of legendary Led Zeppelin drummer, John Bonham. Jason Bonham’s Led Zeppelin Experience 2016 line-up is as follows: James Dylan on vocals, Tony Catania on guitar, Dorain Heartsong on bass, Alex Howland on keyboards & guitar and Jason Bonham on drums.

 

Tickets go on-sale Friday, September 9 at 10:00am and will be available at Ticketmaster online, charge by phone at 1-800-745-3000

or at the Old National Events Plaza Box Office.

Vanderburgh County Democratic Party Calendar of Events 9/6/2016

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Friday,
September 9th
Golf Scramble 1:00 PM
Shotgun Start
2016 Labor Temple Golf Scramble

  • Location: Boonville Country Club – 5244 IN-61  – Boonville, IN
  • $75 per individual – $300 per foursome – $425 for Foursome and Hole Sponsor
  • For more information, contact Madi Goebel @ (812) 422-2552
Saturday,
September 10th
Fundraiser 12:00 PM – 5:00 PM Rick Riney for Perry Township Trustee Annual Fish Fry

  • Location: Westside Sportsman’s Club – 1000 N Peerless Rd – Evansville
  • Cost: $15 per person, $25 per couple, $5 kids 12 and under
Monday,
September 12th
Fundraiser 7:30 AM – 9:00 AM Breakfast with John Gregg for Governor

  • Hosted by Jonathan & Patricia Weinzapfel, Eric & Jude Williams, Brad & Beth Ellsworth, and Jack & Carolynn Griffin
  • Location: Old Post Office – Downtown Plaza – 100 NW 2nd Street – Evansville, IN
  • Suggested Donations: Bronze – $100, Silver – $250, Gold – $500, Platinum – $1,000
  • Contact: seandvorak@gmail.com
Wednesday,
September 14th
Phone Bank 1:00 PM – 3:00 PM Phone Banking for Hillary

Thursday,
September 15th
Golf Scramble 8:00 AM Shotgun Start The Commissioner’s Cup Golf Scramble for Melcher for Commissioner & Shoulders for Commissioner

  • Location: Helfrich Hills – 1550 Mesker Park Dr – Evansville, IN
  • $75 per individual – $150 per Hole Sponsor – $500 per foursome & Hole Sponsor – $1,000 per foursome, Two Hole Sponsor, Banner Recognition – $2,500 per Foursome, Three Hole Sponsor, Driving Range Sponsor, Top Banner Recognition
  • For more information, contact Madi Goebel @ (812) 422-2552 or madi@sirlc.org
Friday, September 16th Candidate Forum 11:30 AM – 1:00 PM Stepping Up Candidate Forum – County Offices

  • Location: Central Library Browning Rooms – 200 SE MLK Jr Blvd  – Evansville, IN
Wednesday, September 21st Candidate Forum 6:00 PM Fraternal Order of Police Candidate Night

  • Location: FOP – 801 Court St  – Evansville, IN
Thursday, September 22nd Candidate Forum 6:30 PM United Neighborhoods of Evansville Candidate Night

  • Location: CK Newsome Center – 100 Walnut St  – Evansville, IN
Friday, September 23rd Candidate Forum 11:30 AM – 1:00 PM Stepping Up Candidate Forum – State and Federal Offices

  • Location: Central Library Browning Rooms – 200 SE MLK Jr Blvd  – Evansville, IN
Wednesday,
September 28th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN
Thursday, September 29th Fundraiser 5:30 PM – 7:30 PM Ryan Hatfield for State Representative Luau

  • Location: Tiki Time Bar – Marinia Pointe – 850 LST Dr – Evansville
  • $50 per person – $250 and $500 Sponsorships available
Friday,
September 30th
Fundraiser 8:00 AM – 9:00 AM Heronemus for County Clerk Meet & Greet Fundraiser

  • Location: Fraternal Order of Police – 801 Court St – Evansville
  • Individual – $50.  Blue Level – $100.  Gold Level – $250.
Tuesday,
October 25th
Candidate Forum 6:30 PM POMA Candidate Forum 

  • Location: Tropicana Evansville Las Vegas Room – 421 NW Riverside Dr  – Evansville, IN
Wednesday,
October 26th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN
Wednesday,
November 30th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court St  – Evansville, IN

Indiana Senate Republicans Offering Paid Internships

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The Indiana Senate Republican Caucus is offering paid, spring-semester internships in its legislative, legal, policy, communications and information technology offices during the 2017 session of the General Assembly, said State Sen. Vaneta Becker (R-Evansville).

Qualified candidates must be at least a college sophomore. Recent college graduates as well as graduate school and law school students are also encouraged to apply. Positions are open to Indiana residents and non-residents who attend a college or university located within the state.

Benefits include a $700 bi-weekly stipend, scholarship and academic credit opportunities, professional development, community involvement and networking.

Senate internships are full-time positions at the Statehouse in downtown Indianapolis that begin with a mandatory orientation in late December and conclude at the end of the legislative session in April 2017.

“The Senate internship program is a unique and rewarding experience for students,” Becker said. “Interns gain not only professional skills, but they have the opportunity to actively participate in the legislative process by working alongside state lawmakers and staff. Students interested in public service are encouraged to apply.”

Becker added that more information and applications for these full-time, spring semester internships with the Indiana Senate Republican Caucus can be found online at www.IndianaSenateRepublicans.com/intern-program.

ZIKA SUMMER

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Wagering up 9.23 percent despite rain-ravaged July

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An Ellis Park meet that had high expectations more than lived up to the hopes of what enhanced purses would do for the racing quality, and subsequently for betting and fan appeal.

“From my standpoint, the racing was the best since I’ve been here — by far,” said racing secretary Dan Bork, completing his 10th year at the track. “We had more quality with the 2-year-olds and older horses and had some really great races. It just shows you what can happen if we have the right purse structure. It was by far the best jockey colony, best trainers we’ve had here.”

Rallying from a devastating hit in July from record rainfall, overall betting on the 30-date meet was up 9.23 percent over 2015, totaling $35,287,952.95 compared with $32,305,180.27 last year. On-track wagering — more sensitive to weather extremes and other variables — totaled $4,670,067.20, down 3.60 percent (from $4,844,528.30 last year).

The deluges caused the cancellation of the popular July 4 card, as well as the final two races on the July 29 program and forced racing off the turf on four of 14 racing days. Adding to the ferocious obstacles showered down by Mother Nature, construction on the Ohio River bridge  the second weekend in August backed up traffic for miles on U.S. 41, the major artery in front of the track.

In spite of the challenges, the 2016 Ellis Park meet by all accounts was an esthetic home run. With Kentucky Downs contributing $1.35 million to Ellis’ purse account and the increasing money generated from historical horse racing gaming terminals, purses were up 25 percent to average $197,000 a day. Kentucky horsemen responded in full force, resulting in 57 maiden special-weight races (31 for 2-year-olds) and 40 allowance races with mostly good-sized fields.

The five stakes races, though not at the purse level Ellis hopes to be in the future, attracted competitive fields, including Grade 2 winner Pleuven taking Monday’s closing-day Cliff Guilliams Handicap. Godolphin Racing’s Innovative Ideal captured the Grade 3 Groupie Doll, Marylou Whitney Stable’s Gorgeous Bird took the Don Bernhardt, Sweet Acclaim prevailed in the Ellis Park Turf and Lookin At Lee narrowly won the revived Ellis Park Juvenile over the exciting filly Caroline Test.

Meanwhile, some of the allowance races rivaled graded stakes, including one Aug. 5 taken by millionaire Rise Up, with five of the seven starters being stakes-winners.

“It was a monster meet,” said Henderson product John Hancock, a third-generation trainer at Ellis Park. “It will go down if not the best then one of the best in the history of Ellis Park. If we hadn’t lost those turf races in July, where the fields were shorter, there’s no telling what the numbers would have been. Because the numbers were so good in August. The patrons really backed it. Everybody showed up.”

Even with legendary track superintendent Glenn Thompson’s yeoman’s efforts, the record 10.24 inches of rain in July — the wettest July in the 121 years of record-keeping and 2 1/2 times the average — took a toll the first half of the meet. There were 103 scratches in races taken off the turf, a total almost double from the prior July, which had the third-highest recorded rainfall at 7.99 inches. But all-sources wagering shot up amid the better August weather, with the exception of a couple of days when the heat index reached 108.

Even with the off-turf scratches, field sizes averaged 8.1 horses per race, down slightly from last year’s 8.3.

“We budgeted to be up 13 percent, and we would have blown them out if it hadn’t been for all that rain,” Geary said. “All our work to get our purse money up definitely attracted the horses and helped our handle. If it hadn’t been for the largest amount of rain in 121 years, we would have had a great, great meet. It was still very good.

“Clearly we’re on an upward trend. You look at the trainers we attracted, the riders here, great purse money, great horses and a lot of horses per race. We’ve got four or five horses that could wind up in the Kentucky Derby who ran here. Showing the quality of the racing at Ellis, four of the 10 winners running for the record purses on Kentucky Downs’ opening card made their prior start here.”

Jockeys repeatedly said that riding at Ellis was like a working vacation, that they enjoy the set-up that lets riders be outdoors right by the saddling area, also allowing close interaction with the many fans hugging the paddock rail.

Robby Albarado, rider of Horses of the Year Mineshaft and Curlin and the second-winningest jockey in stakes races at Churchill Downs and third all-time in wins, was more than satisfied to make Ellis his summer riding base while also shipping around for out-of-town stakes. He proved correct in his belief that he could land on a promising 2-year-old as easily here as at Saratoga, getting on the colt Not This Time (a dazzling 10-length winner) and the filly Sully’s Dream (who won by 12).

“Even jokingly with my friends, I told them, ‘It’s not Ellis Park anymore. It’s Saratoga South. We changed the name,’” the Louisville resident said. “Because I rode horses this meet who could have competed at Saratoga, I thought they were that nice. I think both of them can win stakes next time and will validate how nice they are with their progression.

“I’ve got a new baby, my family is here. It’s worked out great, with Louisville as the base. You can go North, East, West, wherever you want to go. The bad part is, I think you’ll see more jockeys wanting to stay here,” Albarado said, adding with a laugh. “And it will be tougher and tougher.”

It also was an extremely safe meet for horses and humans.

“The foundation of a successful meet is the safety and consistency of the track surface,” Bork said. “We actually had top trainers move outfits to Ellis Park because of our surface. And that’s a testament to the hard work and dedication of Glenn Thompson.”

Said Dr. Bruce Howard, chief state veterinarian for the Kentucky Horse Racing Commission: “We were very pleased with the meet and the racing and training surface. I think the trainers and riders were happy with it as well.”

The competition among the jockeys lived up to advance billing and made for terrific betting, with 11-time Churchill Downs champion Corey Lanerie pulling away late to earn his third Ellis title with 26 victories, with nine others having double-digit wins. Steve Asmussen, who made a last-minute decision to move his Indiana Grand division to Ellis, sent out 73 horses and won 16 races to take the trainer’s title. Twelve others won at least five races. Chester Thomas’ Allied Racing captured its first owner’s title outright and second overall with six victories.

Ellis added a paddock analyst in Megan Devine, who teamed with insightful announcer Jimmy McNerney on the Saturday morning handicapping seminars. The ostrich and camel races and the wiener-dog races again attracted big crowds, as did the return of Dollar Days on Sundays. “Making of a Racehorse,” a free weekly Saturday morning fan experience that began July 30 as a collaboration between Ellis Park and the Kentucky Horsemen’s Benevolent & Protective Association, proved a hit, providing a behind-the-scenes look at getting horses to the races and the industry’s inner-workings.

In addition to racing, gambling on historical horse racing terminals, which is pari-mutuel in nature while providing another gaming experience, has been on an upward trajectory, adding to Ellis purses as well as to purse supplements to Kentucky-bred and sired horses through the Kentucky Thoroughbred Development Fund and to the state’s General Fund.

The gaming terminals’ play has increased every month this year, from $5.24 million in January to $8.19 million in August, with Ellis up 51 percent over the corresponding timeframe from last year. The $56 million bet on historical horse racing the first eight months in August already is more than double what was bet for the entire year in 2013, the first full year of play.

Geary said the track will add to its 179 current historical horse racing terminals in January. “By next meet we’ll be at 300,” he said.

SLAMMERS TAKE GAME ONE IN DIVISIONAL ROUND

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The Evansville Otters fall in game one of the playoffs four to two against the Joliet Slammers. The Slammers took the lead in the eighth and never looked back.

Preston Olson started on the mound for the Otters and moved to seven and four with the loss. Olson pitched for seven innings allowing two runs, six hits and had eight strikeouts on the night. Liam O’Sullivan started for the Slammers and moved to 12-1 with the win. Sullivan pitched for seven and one-thirds allowing two runs, two hits and had eight strikeouts.

The Slammers started the scoring in the second with an RBI-single from Zarley Zalewski. In the fifth, the Slammers put up one more to run to make it two to zero. Zalewski would score off a fielder’s choice. In the bottom of the fifth, the Otters managed their first hit of the game and put up two runs. Rolando Gomez hit a two run bomb over the right field wall to tie the game.

In the eighth, the Slammers took the lead back from the Otters. Marc Florers scored and then Mike Garza scored off a Carter Bell single and helped the Slammers take game one of the series.

The Otters will be back for game two Wednesday, September 7 against the Slammers. First pitched is scheduled for 6:35pm. Tickets available at www.evansvilleotters.com or by phone at 812-435-8686 ext. 21.