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Thursday, November 10, 2011

Ind. Decisions - Opinions in 3 Indiana cases today from 7th Circuit

In U.S. v. Dale Russell (SD Ind., Barker), a 54-page opinion, Judge Rovner writes:

A jury convicted Dale Russell of producing sexually explicit photographs of his minor daughters which later crossed international boundaries, in violation of 18 U.S.C. § 2251(a), and the district court ordered him to serve a prison term of thirty-eight years. Russell appeals his convictions, contending that the district court erred in (1) allowing one of his daughters to testify that he had touched her inappropriately one to two years before he took the photographs charged in this case; (2) excluding from evidence a number of photography books from his collection containing photographs of nude families and children, as well as the proffered testimony of an expert concerning the practice of nudism, and (3) instructing the jury that evidence of a defendant’s flight from prosecution could be considered as evidence of his consciousness of guilt. Russell also contends that his sentence was unreasonable. We affirm Russell’s convictions and sentence.
In Overly v. Key Bank (SD Ind., Barker), a 20-page opinion, Judge Conley (United States District Court for the Western District of Wisconsin, sitting by designation) writes:
Krysten Overly sued her employer Key Investment Services LLC, its parent company and several of its affiliates (collectively “KeyBank”) in Indiana state court for allegedly discriminating based on her gender and retaliating against her because of her complaints of gender discrimination in violation of Title VII of the Civil Rights Act of 1964. KeyBank removed the case to federal court and later filed a motion for summary judgment on both the discrimination and retaliation claims. The district court granted that motion and entered final judgment in favor of KeyBank.

On appeal, Overly argues the district court erred in entering summary judgment because genuine issues of material fact remained regarding whether she was discriminated and retaliated against, subjected to a hostile work environment and constructively discharged because of her gender and for complaining about gender discrimination. Finding no disputed issues of genuine fact material to Overly’s claims of gender discrimination or retaliation, and agreeing with the district court’s reasons for granting KeyBank’s summary judgment motion, that judgment will be affirmed.

Payne v. Brown, Superintendent, Wabash Valley Correctional Facility (SD Ind., McKinney), an 11-page opinion by Chief Judge Easterbrook.

Posted by Marcia Oddi on November 10, 2011 02:17 PM
Posted to Ind. (7th Cir.) Decisions