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Tuesday, November 20, 2012

Ind. Decisions - 7th Circuit decides two Indiana cases today

In US v. Lincoln Plowman (SD Ind., McKinney), a 15-page opinion, Circuit Judge Manion writes:

Lincoln Plowman was a local government official in Indianapolis, Indiana, when he accepted a bribe from an undercover FBI agent. Prior to trial, the government filed a motion in limine seeking to preclude Plowman from arguing an entrapment defense. The district court granted the motion. A jury then convicted Plowman of federal-funds bribery and attempted extortion under color of official right. Plowman appeals, and argues that the district court erred when it precluded him from arguing entrapment to the jury. We affirm Plowman’s conviction. * * *

The FBI conducted a standard sting operation that did not induce Plowman to accept a bribe. To argue entrapment to a jury, Plowman needed to provide sufficient evidence of both inducement and a lack of predisposition, but he failed to establish the first element. Because the district court did not err in granting the government’s motion in limine on the entrapment defense, we AFFIRM Plowman’s conviction.

In Shane A. Holloway v. Delaware Co. Sheriff (SD Ind., Magnus-Stinson), a 25-page opinion, Circuit Judge Flaum writes:
On September 29, 2009, Shane Holloway was arrested without a warrant and detained in the Delaware County Jail. Although Holloway had a probable cause determination the day after his arrest and an initial appearance in front of a judicial officer within three days of his arrest, he was detained for nine days without having any charges filed against him. During the time he spent in the Delaware County Jail, Holloway received care from the jail’s medical staff. Before his detention, Holloway had been taking prescribed Oxycontin and other medications to treat chronic pain caused by his Klippel-Trenaunay Syndrome. The jail physician did not believe that Oxycontin was necessary to treat Holloway’s chronic pain and he instead prescribed non-narcotic pain medications and other medications to prevent narcotic withdrawal symptoms. After the prosecutor did not file charges against Holloway within the time allowed by the court, Holloway was released from the jail and was admitted to a hospital, during which time he resumed his regimen of Oxycontin. In August 2010, Holloway filed suit under 42 U.S.C. § 1983, alleging that the Delaware County Sheriff (“the Sheriff”) violated his rights by detaining him without charges for nine days and that the jail physician and two of his attending nurses violated his constitutional rights by acting with deliberate indifference as to his serious medical condition. The district court granted summary judgment in defendants’ favor. For the reasons set forth below, we affirm.

Posted by Marcia Oddi on November 20, 2012 01:16 PM
Posted to Ind. (7th Cir.) Decisions