Dave Stafford for www.theindianalaawyer.com

A man’s lawsuit alleging Tippecanoe County officials violated the Americans With Disabilities Act and the Rehabilitation Act by refusing to permit him to enter the courthouse with his service dog will proceed, a federal judge ruled.

Charles M. Riley claims in his complaint that he’s a veteran who suffers post-traumatic stress disorder and relies on his service dog, Bella, to provide balance support, mobility assistance and calming. Riley says Bella also has been individually trained to open and close doors, pull him in a wheelchair when necessary and help him pull a grocery cart home from the store.

The suit alleges Riley went to the courthouse in July 2014 accompanied by Bella to deliver a victim impact statement and evidence of damages he suffered in a criminal case in which he was a victim, but sheriff’s deputies providing security at the Lafayette courthouse refused to allow him inside with Bella. Riley claims the ban on Bella later prevented him from filing claims regarding unpaid rent and damages alleged against former tenants of two rental properties he owns.

Riley seeks an injunction, reimbursement of financial losses, compensatory damages and fees. His suit names Tippecanoe commissioners and the sheriff’s department.

The defendants argued Riley’s complaint should be dismissed because he did not sufficiently argue that Bella is a service animal and rather may fall into the category of untrained or emotional support animals, which are not covered under the ADA. Defendants also argued that Riley failed to show evidence Bella met the criteria as a service animal that had been individually trained.

But Judge Jon E. DeGuilio of the U.S. Court for the Northern District of Indiana in Lafayette this week denied the Tippecanoe County defendants’ motion to dismiss, holding in part Riley was not required to show how Bella had been individually trained at this stage.

“The Defendants do not provide any authority that stands for the opposite proposition: that a plaintiff must plead all facts within his knowledge,” DeGuilio wrote in his order denying dismissal in Charles M. Riley v. Board of Commissioners of Tippecanoe County, et al., 4:14-CV-063.

“This is not a complicated case and thus does not require an extensively detailed complaint. So, while Mr. Riley may not have provided an abundance of information about Bella, he has at least given ‘the opposing party notice of what the case is all about’ and shown ‘how, in the plaintiff’s mind at least, the dots should be connected.’ That is sufficient to survive a motion to dismiss.”

Indianapolis – On Monday, First Lady Karen Pence, Indiana’s Bicentennial Ambassador, will present a rug depicting the state seal to the Children’s Museum of Indianapolis. Details below.

Monday, January 11:

9:00 a.m. EST – First Lady to present a rug depicting the state seal to the Children’s Museum of Indianapolis

*Media are welcome to attend.

The Children’s Museum of Indianapolis, Level 3, The Power of Children Exhibit – 3000 N. Meridian St., Indianapolis, IN

1) Governor Pence Offers Prayer at Statehouse Prayer Service // January 5, 2016. Governor Mike Pence offers a prayer at the 12^th Annual Statehouse Prayer Service as the 2016 legislative session convenes at the Indiana Statehouse.

2) Governor Pence Surprises Student with Sagamore of the Wabash  // January 7, 2016. Governor Mike Pence surprises Rhodes Scholar Jay Ruckelshaus with a Sagamore of the Wabash award at a ceremony at his alma mater, Cathedral High School.

 

3) Governor Pence Speaks to Crowd of Students at Cathedral High School  // January 7, 2016. A crowd of students, teachers and administrators gather at Cathedral High School to watch as Governor Mike Pence surprises Rhodes Scholar Jay Ruckelshaus with a Sagamore of the Wabash award.

4) Governor Pence visits Forest Glen School of Spanish Immersion // January 7, 2016. Governor Mike Pence discusses Indiana history with fourth grade students at Forest Glen School of Spanish Immersion.

The monthly revenue report for December, along with commentary from State Budget Director Brian Bailey, has been posted on the State Budget Agency webpage. This is the first revenue report issued since the December 17, 2015 revenue forecast, which revised revenue projections for FY16 and FY17. The report and commentary can be found here:http://www.in.gov/sba/2659.htm. Charts visualizing revenue data are located on the Management and Performance Hub under the State Tax Revenue section: http://www.in.gov/mph/staterevenue.html.

Results

 

• General Fund collections for December totaled $1,284.1 million, which is $1.4 million (0.1%) above the monthly estimate and $35.0 million (2.7%) below December 2014 revenue.
• Sales tax collections totaled $587.2 million for December, which is $9.2 million (1.5%) below the monthly estimate and $24.2 million (4.0%) below revenue in December 2014.
• Individual income tax collections totaled $389.7 million for December, which is $6.0 million (1.6%) above the monthly estimate and $3.6 million (0.9%) above revenue in December 2014.
• Corporate tax collections totaled $166.0 million for December, which is $2.4 million (1.4%) below the monthly estimate and $8.5 million (4.9%) below revenue in December 2014.
• Riverboat wagering collections totaled $30.8 million for December, which is $3.1 million (11.1%) above the monthly estimate and $0.1 million (0.5%) below revenue in December 2014.
• Racino wagering collections totaled $9.0 million for December, which is $1.3 million (16.6%) above the monthly estimate and $0.4 million (4.2%) above revenue in December 2014.

 

Commentary

Year-to-date General Fund collections totaled $6,909.2 million, which is $16.7 million (0.2%) below estimate, and $17.1 million (0.2%) below collections for the same period last year.

Sales tax collections through six months of fiscal year 2016 were $45.5 million (1.2%) below estimate and $37.6 million (1.0%) below collections through six months of fiscal year 2015.

Individual income tax collections through six months of fiscal year 2016 have grown by $68.7 million (2.9%) over the same period a year ago and were $56.5 million (2.4%) above the year-to-date estimate.