United States Seventh Circuit

In a suit by a nursing home operator against Indiana State Department of Health inspectors alleging violations of its Fourth and Fourteenth Amendment rights, malicious prosecution and abuse of process, summary judgment for defendants is affirmed where: 1) although defendants focused on certain affirmative defenses and the sufficiency of proof on the federal claims, the defendants sought summary judgment on all claims, thus the district court's order was not an improper sua sponte summary judgment on the state law claims; and 2) summary judgment was also appropriate on the merits since the state law claims required proof of malice or ulterior motive.

Appellate Information

• Argued 01/18/2008
• Decided 02/19/2009
• Published 02/19/2009

Judges

• SYKES, Circuit Judge., Before BAUER, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mark J. Crandley (argued), J. Michael Grubbs, Barnes & Thornburg, Indianapolis, IN, for Plaintiff-Appellant.


• For Appellees:
  
• David L. Steiner (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.