Constitutional Cases
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Constitutional

Court of Appeals of Indiana
Uncategorized

T.R. v. Indiana DCS — Father’s Termination Reversed Where DCS Never Deployed Its Own Housing-Assistance Tools

The Indiana Court of Appeals affirmed the termination of a mother’s parental rights but reversed the termination of a father’s rights as to his two biological children. The father complied fully with every ordered service, held a job, and maintained consistent visitation; his only obstacle was stable housing blocked by his criminal history. Because DCS never sought a waiver for a sister-in-law’s disqualified home despite a written policy allowing it, and never followed through on deposit assistance when the father found an apartment one week before the termination hearing, the court held that DCS failed to make reasonable efforts and that proceeding to terminate his rights violated due process.

Court of Appeals of Indiana
Uncategorized

Zeller v. Indiana Fire Prevention — ITCA Immunity Extends Even to Allegedly Vindictive Licensing Denials

The Indiana Court of Appeals affirmed summary judgment for state elevator-oversight agencies on all claims brought by an elevator company and its employees following years of regulatory disputes over permits, alteration orders, and reciprocal licensing. Key holdings: Indiana does not recognize a private right of action for monetary damages under the Indiana Constitution; a regulatory takings theory not pled in the complaint is waived; and ITCA immunity for discretionary licensing denials is not defeated by evidence of vindictiveness — degree of culpability is simply not a relevant consideration once immunity attaches.

Wyoming Supreme Court
Uncategorized

Allen v. State — Guilty Plea Does Not Waive Challenge to Court-Ordered Asset Sale Securing Public Defender Fees

The Wyoming Supreme Court reversed and remanded a criminal case in which the district court ordered the defendant to sell a vehicle and deposit the proceeds as a condition of maintaining his public defender appointment. The court held that the subsequent guilty plea did not waive the challenge because the issue was unrelated to guilt or conviction, and that the district court exceeded its statutory authority under Wyoming’s public defender reimbursement statute by compelling a pre-sentencing forced asset liquidation.

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