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IceMen Halt Streaking Walleye With Comeback Win

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Trailing 2-0 midway through the second period, the Evansville IceMen battled back to score three unanswered goals on their way to a 3-2 win Wednesday against the Toledo Walleye at the Huntington Center. The win snapped a three game skid for the IceMen and ended Toledo’s ten game unbeaten streak.

Toledo capitalized on two of its first three power-play opportunities to jump out to a two-goal lead. Alden Hirschfeld scored on a rebound with 4:11 left in the first period to put the Walleye in front during a man-advantage. Hirschfeld picked up another power-play goal just over five minutes into the second period to give the Walleye a 2-0 lead. It was his league-leading seventh power-play tally of the season.

Meanwhile, Evansville failed to convert on its four power-plays in the first two periods and were kept off the board when Daultan Leveille was stopped on a penalty shot by Walleye goaltender Jake Paterson. However, the IceMen cut the lead in half when Justin MacDonald was caught from behind on a breakaway by Jared Nightengale, who accidentally swept the puck through the five-hole of his own goaltender to give Evansville life.

MacDonald buried his second goal of the game on a rebound for the equalizer 4:25 into the third period, and Leveille completed the comeback after he scooped up a rebound and shot it over a sprawling Paterson during Evansville’s fifth power-play to put the IceMen ahead 3-2. Evansville goalie Matt Zenzola made 29 saves in the victory in his ECHL debut, while Paterson stopped 32 in the loss.

Evansville returns home to host the Cincinnati Cyclones Friday at 7:15pm at the Ford Center. Tickets are available at www.ticketmaster.com or the Ford Center Ticket Office. Discounted tickets are available for groups of ten people or more by calling an IceMen Account Executive at 812-421-GOAL (4625).

The Hoosier Lottery is presenting IceMen Bingo Friday. All fans 18-years-old and over will receive a bingo card with hockey related squares to check off during the game. The first 100 people to turn in their card with a Bingo will receive a Hoosier Lottery Prize Pack. Then, the first five people who turn in a full Bingo card will receive a different prize.

The IceMen then head to Cincinnati Saturday night for the rematch at US Bank Arena, before wrapping up the week in Fort Wayne Sunday at Memorial Coliseum.

Vanderburgh County Recent Booking Records

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COA split over inmate’s ability to sue for unpaid wages

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals was divided Wednesday over whether an inmate who worked for a private company that contracted with the Department of Correction to employ offenders was allowed under Indiana statute to make a claim for unpaid wages.

Chuck Adams worked in ArvinMeritor Inc.’s brake shop, where he eventually earned $1.10 an hour. Comparable work done by non-inmates at a Plainfield, Indiana, facility paid at least $11.71 per hour, Adams alleged.

After he was injured on the job and allegedly improperly treated, he filed a lawsuit for unpaid wages against Meritor and state defendants, which was joined by other inmate brake shop employees. Adams’ lawsuit also stated a personal injury claim against other medical and state defendants. The trial court granted the defendants’ Trial Rule 12(B)(6) motions to dismiss the wage claim, after finding Adams had no private right of action to sue for such wages. The court also granted the defendants’ motion on the personal injury claim on the basis that Adams did not exhaust his administrative remedies.

The majority noted Meritor is a private enterprise subject to the Wage Payment Statute. At the time Adams filed his complaint, the only limitation in I.C. 11-10-7 on an offender’s wages was that he or she was not eligible for unemployment compensation benefits. I.C. 11-10-7-4 provides “at least an implied right to sue for failure to pay the prevailing wage” because the Legislature later amended the chapter to specifically exempt criminal offenders in a facility operated by the DOC, Judge Margret Robb wrote for the majority.

“There may be other impediments to Adams’s recovery of the wages to which he claims he is entitled which will be discerned at a later stage in the development of the record. But Adams’s complaint, filed prior to May 9, 2013, has on its face stated a claim upon which relief could be granted,” she wrote.

Judge Melissa May dissented on this point, believing Blanck v. Ind. Dep’t of Corr., 829 N.E.2d 505, 509 (Ind. 2005), and Kimrey v. Donahue, 861 N.E.2d 379, 382 (Ind. Ct. App. 2007), trans. denied, do not permit reversal based on only an implied right of action.

“The majority implies a cause of action on the premise that such was the legislature’s intent. But our Supreme Court has cautioned that legislative intent is best determined by what the statutory language itself includes and not include,” May wrote.

The judges all agreed that summary judgment was proper for the defendants on Adams’ personal injury claim because he did not exhaust administrative remedies. He argued the DOC’s grievance procedure could not provide him the specific relief he wanted – monetary damages. But that does not render the administrative remedy “unavailable,” Robb wrote.

The judges also affirmed the decision of the lower court to conduct a hearing in his absence.  The case is Chuck W. Adams, Charles E. Howard, et al. v. ArvinMeritor, Inc., et al., 49A02-1406-PL-465.

CIVIL DISCOURSE NEEDED TO ADDRESS TERRORIST THREAT

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By Tom Purcell

Last week was an ugly day for civil discourse.

Innocent employees were enjoying themselves at an annual Christmas party when two shooters, clad in military gear and carrying assault rifles and numerous magazines, began mowing them down — killing 14 and wounding at least 17.

A thoughtful person would be furious — furious with the two well-trained shooters, a husband and wife, who had carefully planned to carry out such an attack.

He was an American citizen. His wife was born in Pakistan.

He was 28-year-old Syed Rizwan Farook. She was 27-year-old Tashfeen Malik. They had a 6-month-old child, who they left with the grandmother before slaughtering innocent people.

He worked with the victims, government employees and was, according to his father, a very religious Muslim. Neighbors said he and other men were working in the wee hours in his garage.

A thoughtful person would want to know what motivated this latest attack. A critical thinker would want to get to the root cause. Until we understand the root cause of our problems we will never solve them.

But thoughtfulness and critical thinking are running short in public discourse these days.

Before some of the victims had their last breath — before the blood began to dry — our growing number of knee-jerk political hacks were using the tragedy to attack their political opponents.

ThinkProgress initially reported that the shooters were white — gleefully criticizing “conservatives” who said the attacks appeared to follow tactics used by Middle Eastern terrorists. The article was removed once it was discredited by actual facts.

Other media outlets quickly injected Planned Parenthood into the dialogue. “It’s a few blocks away,” wrote one MSNBC tweeter — despite the fact that its location was a few miles away and had nothing to do with the shootings.

Disappointed that the shooters didn’t fit their desired narrative, the partisan focus shifted toward our need for more anti-gun laws.

Look, we do need to eliminate loopholes in the way firearms are being purchased in our country, but the rifles the shooters used last week were obtained illegally through a friend and modified to impose maximum damage.

In France, where the gun laws are much stricter than U.S. gun laws, assault rifles are also banned — but that didn’t stop terrorists from getting them.

According to The Guardian, the “western Balkans are awash with guns left over from the wars of the 1990s” and “Europe’s open borders and growing trade in illegal weapons means assault rifles are relatively easy to come by on the black markets.”

If Prohibition can’t stop alcohol consumption and anti-drug laws can’t stop America’s heroin epidemic, do you really think our gun laws will stop determined fanatics from getting them?

The point is if we want to thoughtfully address the cause of mass shootings in America, civil discourse is the only solution.

Mental health is a common denominator in many mass shootings. So let’s address it civilly.
Congressman Tim Murphy (R-Pa.), a psychologist, has put forth thoughtful legislation to overhaul American’s mental health care system and take specific steps to help people with mental illness. Can our political class please move this bill along in a meaningful, nonpartisan manner.

The fact is the threat of attack from religious ideologues is growing. I know this because ISIS, the terrorist organization that inspired last week’s attack — and that carried out the horrific attack in Paris — has promised more attacks in America.

The threat is real — and public discourse that mocks political opponents and blames our woes on red herrings isn’t going to solve this problem.

Adopt A Pet

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Angel is a gorgeous female cat up for adoption at VHS! She is solid black, and 8 years old. That means that all the odds are against her: the two least-adoptable kind of pets are seniors and solid black. But, just look at these eyes… Angel knows that she is the missing piece to a family out there, if only they would find her! Angel’s adoption fee is only $30 and it includes her spay, microchip, vaccines, and more. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption information!

 

Protecting Indiana Families and Children 
Association of Indiana Prosecuting Attorneys, Inc. Announces 2016 Legislative Goals

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The Association of Indiana Prosecuting Attorneys, Inc., will announce two legislative solutions for the 2016 session that are designed to give prosecutors  better tools to deal with serious drug dealers – the criminals they believe are driving the alarming increase in meth labs, pharmacy robberies, heroin overdoses, home invasions and other violent crime in Indiana.

Speaking on behalf of Indiana prosecuting attorneys will be Vanderburgh County Prosecutor Nicholas G. Hermann, Daviess County Prosecutor Dan Murrie and Gibson County Prosecutor Robert Krieg.   

The announcement will take place on Thursday, December 10 at 10 a.m. at the Vanderburgh County Prosecutor’s Office Conference Room, 1 NW Martin Luther King Jr. Blvd., Rm 108, Evansville.

Aces tennis signs top junior college player

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In his first signing period as the head coach of the University of Evansville women’s tennis program, head coach Jayson Wiseman has announced the signing of Katie Delgado to a grant-in-aid to begin playing for the Purple Aces in January.

 

“Katie is a very accomplished singles and doubles player who will contribute to our line up from day one this January,” Wiseman said.  “She is an incredibly hard worker and excellent student, exactly what we are looking for in a Purple Aces Tennis player.”

 

Delgado transfers to UE from Tyler Junior College in Texas.  Playing #3 singles for Tyler, she took second place at the JUCO National Championships.  She also helped her team take second place in the championships.

 

She finished the 2015 season as the 23rd-ranked JUCO singles player in the nation.  A 3-star prospect coming out of high school in Universal City, Texas, Delgado grew up in a large family as she was the 7th out of 9 children.

 

“We are very excited to have a player of Katie’s caliber and experience join our team,” Wiseman continued.  “She hit it off well with our players and will be a positive addition to our team chemistry.”

 

Early College High School Open House Planned for Dec. 10

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The Evansville Vanderburgh School Corporation’s Early College High School is now enrolling for the 2016-17 school year.  To help families with the important decision of what pathway their students’ should follow to graduation, EVSC’s Early College is planning an open house on Dec. 10, at 5:30 p.m., in the Vectren Auditorium at Ivy Tech Community College.

This innovative model program in the EVSC is designed so that students can earn both a high school diploma and work toward an associate’s degree or up to two years of credit toward a bachelor’s degree, simultaneously. Across the nation it has been shown that early college high schools have the potential to improve high school graduation rates and better prepare students for high-skill careers by engaging all students in a rigorous, college preparatory curriculum and compressing the number of years to a college degree

Students enrolled in the EVSC Early College High School will spend half of the day at their home high school and the other half on Ivy Tech Community College’s campus during their freshmen and sophomore years. During the junior year, students will choose degree pathways offered through Ivy Tech Community College.  Students also may enroll in select courses offered at the University of Evansville. During the summer, students can attend programs and courses at the University of Evansville and at Ivy Tech Community College.

Students will be provided with college readiness programs, mentoring, and academic support to ensure success in the program.

For further information, call 812-492-0532.