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Thursday, July 26, 2007

Ind. Decisions - Trial court issues a gag order in a lawsuit settlement involving Michigan City

According to this story in the Michigan City News-Dispatch:

A judge issued a gag order in a lawsuit settlement between Michigan City, its police department and supervisors and a girl who says she was molested by a former officer.

Circuit Court Judge Thomas Alevizos issued the order on details, including damages, in a settlement reached between the city, police and a girl identified as Jane Doe, who was 13 when, she says, she was molested by former police officer Gary James. * * *

"I have no comment on the case," said attorney Doug Bernacchi of Michigan City, who, on March 14, filed the Jane Doe suit naming James, Michigan City Area Schools, the City of Michigan City, Michigan City Police officers and supervisory personnel as defendants. * * *

Bernacchi said he cannot comment because of the gag order, a common practice when suits are settled out of court.

Perhaps, but is it different when public money and a public agency is involved? The ILB is reminded of the Court of Appeals decision on Dec. 13 of 2005 in the case of the Knightstown Banner, LLC v. Town of Knightstown, et al. (see ILB entry here), where the newspaper sued to determine whether "the terms and conditions of a settlement of a civil rights lawsuit brought by a former employee against Knightstown, are public records under the Indiana Access to Public Records Act (APRA)." See also the coverage of the decision the following day, Dec. 14th, 2005.

In another instance, on May 23, 2006, the AP reported, as quoted in this ILB entry:

CRAWFORDSVILLE, Ind. -- The city has settled with the mayor's former administrative assistant over her allegations that she was fired after spurning his sexual advances. * * *

"The case is resolved," said Keesee's attorney, Bruce Petit. "There is a nondisclosure required in the settlement, so we really can't say more than we've resolved it to a mutual satisfaction."

However, the next day the terms of the settlement were disclosed. A story by Maria J. Flora of the Crawfordsville Journal Review, as quoted here in a May 25, 2006 ILB entry, reported:
Peebles, the city’s attorney, released a copy of the settlement Wednesday after the Journal Review requested it under the Indiana Access to Public Records Act. The written request noted the Indiana Court of Appeals recently sided with the Knightstown Banner in its quest for public records written by an insurance carrier’s attorney.

Posted by Marcia Oddi on July 26, 2007 05:42 PM
Posted to Ind. Trial Ct. Decisions