Lawyers deliver oral arguments to appellate court on ESPN lawsuit

first_imgAttorneys from Notre Dame and ESPN delivered oral arguments before a three-judge panel in the Indiana Court of Appeals on Wednesday, the latest development in a lawsuit hinging on Notre Dame Security Police’s (NDSP) status as either a public or private agency, the South Bend Tribune reported Tuesday afternoon.Lucy Du ESPN argued in its appeal that Indiana’s Access to Public Records Act (APRA), in its current state, applies to private campus police departments, despite the decision issued in Notre Dame’s favor by St. Joseph Superior Court Judge Steven Hostetler last April.“What we know from Notre Dame’s own crime logs is they arrest, search, interrogate for crimes such as rape, burglary, larceny, aggravated battery, counterfeit, drug possession, DUIs — these are not the actions of your library security guard who is there to make sure that kids don’t take books,” ESPN attorney Maggie Smith said, according to an audio recording of the oral arguments available on the Indiana Judicial Branch’s website.ESPN filed a lawsuit against the University in January 2015 after NDSP refused to release incident reports related to student-athletes on two separate occasions.Since October 2014, two state officials — Public Access Counselor Luke Britt and Attorney General Greg Zoeller — have said they believe Notre Dame to be subject to APRA. Although Hostetler ruled in Notre Dame’s favor, he said there were “persuasive reasons” for the Indiana legislature to amend public record laws.During the appeal, the judges referenced Indiana House Bill 1022, which would change state law to require private university police departments to disclose certain records. The bill passed unanimously in the Senate in January and will soon be voted on in the Senate.Throughout the trial process, Notre Dame has maintained its stance that Indiana lawmakers did not intend for APRA to apply to private colleges and universities.“Certainly, the question before the court here is whether or not the Notre Dame police department is a public agency subject to the law,” Notre Dame attorney Damon Leichty said. “… We think the statute is plainly clear. We think the specific provision that defines ‘law enforcement agency’ clearly does not capture this department.”Leichty said NDSP derives its power to arrest from the Notre Dame Board of Trustees, not the state. However, Judge Rudolph Pyle questioned how this power to arrest was “magically” given to the Board of Trustees, when the state of Indiana is listed as the authority behind any charges.NDSP currently releases a limited amount of information about campus crimes, in compliance with the Cleary Act, which applies to all schools that receive federal funding.Smith argued there are already mechanisms in place that allow public colleges and universities to fulfill with their Cleary Act obligations and their obligations to comply with public record laws.“The functions performed by the Notre Dame police department, in its context of being an educational police force, are exactly the same as the functions performed from IU, Purdue, Ball State,” she said. “[They] are subject to both, and they do it just fine.”If the court finds private universities to be subject to public record laws, Leichty said other private entities with police departments — including hospitals, investigation agencies and railroad companies — would be impacted.Chief Judge Nancy Vaidik said the court would issue a ruling “as soon as possible,” though she did not provide a timeline.Tags: APRA, Espn appeal, ESPN lawsuit, NDSPlast_img read more

Thibaut Courtois out for two months with knee injury

first_imgJose Mourinho has suffered another major setback after it emerged keeper Thibaut Courtois is expected to be out for at least two months after suffering a serious knee injury.Chelsea doctors were attempting to assess the full extent of the issue and although substantial swelling was preventing them from making an exact diagnosis, Courtois has already been warned he faces an extended spell on the sidelines.Chelsea’s initial fears that Courtois had suffered cruciate-ligament damage are believed to have been dismissed, but the 23-year-old Belgian international has been ruled out of Saturday’s trip to Everton.Mourinho is under mounting pressure at Stamford Bridge after just one win in the opening four Barclays Premier League games of the season and the loss of his first-choice keeper is another major blow.Courtois has established himself as one of the world’s best goalkeepers since his return to Chelsea from a loan spell at Atletico Madrid.Although he has had a difficult start to the season following his dismissal in the opening-day draw with Swansea, Mourinho needed his main man at Goodison Park. Summer signing Asmir Begovic will deputise. Chelsea have a tricky run of fixtures coming up and next week turn their attentions to Champions League action with a group game at home to Maccabi Tel-Aviv.After his return to the Chelsea team following suspension, Courtois conceded twice in the victory at West Brom and two more in the defeat at home by Crystal Palace before the international break.He started Belgium’s European Championship qualifying victories against Bosnia-Herzegovina and Cyprus before returning to Chelsea on Tuesday.The keeper trained on Wednesday, but suffered the injury during practice which immediately ruled him out of the Everton trip.– Follow Joy Sports on Twitter: @Joy997FM. Our hashtag is #JoySportslast_img read more