Wednesday, December 05, 2007
Ind. Decisions - 7th Circuit issues three Indiana opinions today
In U.S. v. Amaral-Estrada (SD Ind., Judge Barker), a 16-page opinion, Judge Bauer concludes:
For the reasons stated above, the district court did not err in denying both Amaral-Estrada’s and Lira-Esquivel’s Motions to Suppress Evidence. The district court’s orders are AFFIRMED.In White v. Gerardot (ND Ind., Magistrate Judge Cosbey), a 16-page opinion, Judge Ripple writes:
Arlinthia White, individually and as personal representative of the Estate of Derrick Ford, filed this action under 42 U.S.C. § 1983. Ms. White alleges that Mark Gerardot, a Fort Wayne, Indiana police officer, violated Ford’s Fourth and Fourteenth Amendment rights when he used excessive force to seize Ford. The district court denied Detective Gerardot’s motion for summary judgment based on qualified immunity. Detective Gerardot then appealed this denial under Mitchell v. Forsyth, 472 U.S. 511, 530 (1985). For the reasons set forth in this opinion, we dismiss the appeal for lack of jurisdiction. * * *In CSX Transportation v. Appalachian Railcar (SD Ind., Judge Hamilton), an 8-page opinion, Judge Rovner writes:
Conclusion. The district court denied Detective Gerardot’s motion for summary judgment because there were genuine issues of material fact as to whether Ford was a threat to Detective Gerardot. Because Detective Gerardot has not raised any legal arguments based upon the facts that the district court assumed in denying him qualified immunity or on the facts alleged by Ms. White, we lack jurisdiction under the Supreme Court’s holding in Johnson to review the district court’s decision. Accordingly, we dismiss the appeal for lack of jurisdiction.
In April 2004, for reasons still unknown, thirteen railcars derailed in Evansville, Indiana. CSX Transportation determined that the railcars, which belonged to Appalachian Railcar Services (“ARS”), had derailed on CSX-owned track and, therefore, that CSX was liable for the damage. Some time after paying ARS for the damaged railcars, CSX concluded that the derailment had actually occurred on track that it did not own. Believing that its payment to ARS was based on a mistake, CSX brought this suit to recover the payment. The district court granted summary judgment to ARS based on the voluntary-payment doctrine, which precludes a claim for restitution on a voluntary payment made with full knowledge of the relevant facts. Because we believe that the voluntary-payment doctrine does not apply to the facts of this case, we vacate and remand for further proceedings. * * *
For the reasons stated above, the judgment of the district court is VACATED and the case REMANDED for proceedings consistent with this opinion.
Posted by Marcia Oddi on December 5, 2007 02:01 PM
Posted to Ind. (7th Cir.) Decisions