Friday, September 02, 2011
Ind. Decisions - Court of Appeals issues 2 today (and 3 NFP)
For publication opinions today (2):
In James Daher v. Mark Sevier , an 8-page opinion, Judge Friedlander concludes:
In the instant case, Daher’s petition for a TRO was based upon a claim concerning a
condition of his incarceration that, even if true, cannot be characterized as barbaric, or anything approaching that level of cruelty or inhumane treatment or conditions. He claims that the jumpsuits he must wear might tear, will not fit properly, and are too thin to adequately protect him from the winter cold. Without meaning to be flip, we presume that the facility in which he is housed is heated in the winter and that he will be provided with appropriate outer wear in the event he must go outside into the cold. In short, his complaint addresses matters of comfort that do not rise to the level of wanton deprivation or undue suffering. In fact, the condition of which he complains falls so far below the Eighth Amendment threshold of cruel and unusual punishment that it can fairly be characterized as a trivial complaint in that context. As such, whether denominated as frivolous or so wide of the mark that it fails to state an Eighth Amendment claim upon which relief may be granted, the trial court did not err in dismissing Daher’s petition, as permitted by I.C. § 34-58-1-2(a) and (b).
In Kirby D. Edwards v. State of Indiana , a 17-page opinion, Judge Darden writes that the trial court did not error in determining that Edwards is a SVP(sexually violent predator).
NFP civil opinions today (1):
NFP criminal opinions today (2):
Posted by Marcia Oddi on September 2, 2011 12:59 PM
Posted to Ind. App.Ct. Decisions