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Tuesday, November 01, 2016

Ind. Courts - "State appeals $31M verdict in DCS case"

Updating this ILB post from Oct. 1, Marisa Kwiatkowski reports today in the Indianapolis Star:

Last year, a federal court jury in Hammond determined that three DCS employees, an Indiana State Police detective and a doctor had violated the constitutional rights of Roman and Lynnette Finnegan and their children. The jury found those officials had sabotaged investigations into the girl's death and retaliated against the couple for complaining about how they were treated.

On Friday, the Indiana attorney general's office asked the Seventh Circuit Court of Appeals to review several decisions made in the case, including jury's verdict and the federal judge's denial of motions for summary judgment and to reduce the amount awarded by the jury.

In a document filed Nov. 6, state officials had argued that the $31 million judgment was "monstrously excessive, without a rational connection to the evidence." The Indiana attorney general's office, which represents the state in the lawsuit, also argued that the jury award was significantly higher than amounts awarded in comparable cases.

U.S. District Judge Rudy Lozano denied the state's motion, saying the amount awarded by the jury was "rationally connected to the evidence presented."

The Star story itself links to all the documents mentioned. So far, only a Notice of Appeal has been filed with the 7th Circuit.

Posted by Marcia Oddi on November 1, 2016 08:48 AM
Posted to Indiana Courts | Indiana Government