Dave Stafford for www.theindianalawyer.com

A federal judge Friday rejected the state’s effort to appeal a ruling that a court discriminated against a deaf litigant, writing the bid was “a classic example of when an immediate appeal is not warranted.”

Judge Jane Magnus-Stinson denied an interlocutory appeal sought by the state, which represents defendant Marion Circuit Court. The state asked Magnus-Stinson to certify an appeal of her summary judgment motion in favor of Dustin King, who was denied an American Sign Language interpreter in court-ordered mediation program in his child-custody case.

Magnus-Stinson ruled in May that the denial of an interpreter for King was a violation of Title II of the Americans with Disabilities Act and that the court failed to make a reasonable accommodation.

The state also asked the judge to stay the proceedings pending appeal of the judgment that found the courts in violation of the ADA. It argued in part that an appeal at this point would expedite the litigation. Magnus-Stinson disagreed.

“To resolve the remaining issue of damages, the parties have a settlement conference and a one-day bench trial. After that, Marion Circuit Court could appeal all the issues at the same time. Moreover, as
Mr. King asserts, the parties’ briefing schedule for an appeal would extend beyond the scheduled date of the bench trial, thus, prolonging the litigation. Accordingly, the Court rejects Marion Circuit Court’s argument that an immediate appeal would speed up the litigation,” Magnus-Stinson wrote.

The judge also disagreed with the state’s argument that the issues it sought to appeal were questions of law. The case is Dustin King v. Marion Circuit Court, 1:14-cv-1092.

Nearly 8,000 Hoosiers enter labor force in May; 5,000 fewer unemployed than in April; unemployment drops from 5.2 percent in April to 5.0 percent in May 

Indianapolis – Governor Mike Pence today heralded news that Indiana’s unemployment rate dropped 0.2 percent in May, from 5.2 percent to 5.0 percent. The report, issued by the Indiana Department of Workforce Development, shows that Indiana’s economy made strong gains in Trade, Transportation and Utilities. Since January 2013, Indiana’s labor force has increased by more than 186,000 and private sector job growth is up by more than 147,000. This is the eleventh month Indiana has surpassed its prior mark of peak employment. Additionally, the state’s labor force participation rate increased 0.1 percent in May while the nation’s rate decreased 0.2 percent for the second consecutive month. Indiana’s participation rate now stands at nearly three percent above the national average (65.4 percent vs. 62.6 percent).

“With record investment and record employment, there is no denying the momentum of our strong Hoosier economy,” said Governor Mike Pence. “In recent weeks and months, we’ve seen exciting new announcements for investment and growth while Hoosiers continue to join the labor force in droves. Indiana is home to the largest share of advanced manufacturing jobs in the country, and we’ve seen tech companies like Salesforce commit to expanding its regional headquarters here in Indiana, investing more than $40 million into our economy and creating 800 new high-wage jobs. As we continue to invest in infrastructure, workforce and education, Indiana has been named as one of the best places in America to do business. That is a credit to hardworking Hoosiers and the strong leadership our state has experienced over the course of the last decade.”

Background 

The Indiana Unemployment Rate stands at 5.0 percent in May 2016. Indiana’s labor force increased 7,726 over the month, with an increase in employment of 12,932.  Unemployment decreased by 5,206. Indiana total private employment grew by 38,300 over the year. Total Private Employment is at 2,640,700.