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Friday, September 05, 2008

Ind. Decisions - 7th Circuit issues two Indiana opinions today

In US v. Allday (ND Ind., Judge Lozano), a 7-page opinion, Judge Rovner writes:

Gilbert W. Allday pleaded guilty to one count of violating 18 U.S.C. § 2252(a)(2) by receiving sexually explicit images and videos of minors on his home computer. The district court sentenced him to 97 months imprisonment, the bottom of the 97 to 121- month range recommended by the United States Sentencing Guidelines. He appeals, arguing that the district court improperly applied a presumption in favor of the Guidelines at sentencing. Because we do not believe the district court applied such a presumption, we affirm his conviction and sentence.
In Woodruff, as Bankruptcy Trustee for Legacy Healthcare v. Mason et al (SD Ind., Judge McKinney), a 34-page opinion (including a concurring opinion beginning on p. 29) , Judge Cudahy writes:
Legacy Healthcare, Inc. (Legacy) and its predecessor, Community Care Centers, Inc. (Community), operated a number of long-term care facilities in Indiana. On February 18, 2000, Legacy brought this action under 42 U.S.C. § 1983, alleging that employees of the Indiana Family and Social Services Administration (FSSA) and the Indiana State Department of Health (ISDH) violated its rights under the First Amendment and Fourteenth Amendment. The FSSA administers Indiana’s Medicaid program through its Office of Medicaid Policy and Planning (OMPP); the ISDH is the state agency authorized to inspect care facilities and determine their compliance with federal Medicaid regulations. Legacy believes that FSSA employees developed an antipathy toward Legacy and Community after years of contentious litigation between the parties. It claims that the FSSA convinced the ISDH to use its regulatory authority to launch a predatory enforcement campaign aimed at driving Legacy out of business. According to Legacy, this predatory enforcement constituted First Amendment retaliation and violated the Equal Protection Clause. The district court granted summary judgment in favor of Defendants on all counts. We now affirm.

Posted by Marcia Oddi on September 5, 2008 02:15 PM
Posted to Ind. (7th Cir.) Decisions