Appeals court rules in favor of ESPN

first_imgThe Indiana Court of Appeals ruled Tuesday that Notre Dame Security Police (NDSP) is a public agency subject to public record laws, reversing a decision made in the trial court in Notre Dame’s favor.The University was sued by ESPN in January 2015, after Notre Dame refused to release incident reports related to student-athletes on two separate occasionThe St. Joseph County Superior Court issued a ruling in Notre Dame’s favor in April 2015. ESPN appealed the decision, and both parties presented their oral arguments to a three-judge panel on Feb. 25.The case hinges on NDSP’s status as either a private or public agency — under Indiana’s Access to Public Records Act (APRA), if NDSP is considered a public agency, it would be required to release certain records. ESPN reporter Maggie Smith argued the duties of NDSP are equal to those of any public police department.“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,” she said, according to an audio recording of the oral arguments available on the Indiana Judicial Branch’s website.Notre Dame attorney Damon Leichty argued the law was never intended to apply to private colleges and universities. However, since October 2014, two state officials — Public Access Counselor Luke Britt and Attorney General Greg Zoeller — have said they consider NDSP to be subject to APRA.Zoeller said in a statement that he considers the appeals court ruling to be “a qualified victory for public access and transparency, concepts my office long has supported. The public has the right to transparency and accountability when police power is being exercised,” according to the South Bend Tribune.According to the Court of Appeals ruling, NDSP does qualify as a “public agency” under APRA’s definition of the term because it exercises public functions.“It would not be appropriate for the Police Department, having availed itself of its statutory right to exercise these public functions, to then be able to circumvent public records requirements to which all other entities exercising these same functions are required to adhere,” the ruling stated.The case will return to the trial courts to determine which records NDSP will be required to produce.“We do not, as ESPN requests, find that the trial court must order the Police Department to produce the public documents ESPN sought,” the ruling stated. “We instruct the trial court to determine which of the records the Police Department was required to produce under APRA and then order the Police Department to produce only those records.”Paul Browne, vice president for public affairs and communications at Notre Dame, said in an email that the University believes the Court of Appeals went “beyond the law.”“Since the opinion is not certified or final, it does not yet have effect, and the parties cannot act on it,” he said. “We will appeal to the Indiana Supreme Court.”The appeals court ruling may have a reduced impact if Indiana House Bill 1022, a bill to change the public record requirements for private universities, is passed into law. The bill would require police departments at private colleges and universities to only release information about incidents that result in arrests or incarcerations, exempting a large portion of cases occurring on college campuses.The bill passed Indiana’s General Assembly last week and is now being considered by Gov. Mike Pence.Tags: APRA, ESPN, ESPN lawsuit, Indiana Court of Appeals, NDSPlast_img read more

Five things we learned in Bundesliga

first_imgShare on: WhatsApp The rumour mill says Nagelsmann, who is under contract until 2021, will go to Bayern in 2019 for around five million euros ($5.9m).However, his agent Marc Kosicke says there is no release clause in his contract.“I usually don’t comment on the details of a contract, but in this case I’ll make an exception, because I am not aware there is a release clause in his contract,” Kosicke revealed to Germany daily Bild.“Julian will definitely stay in Hoffenheim for the next two years.”Keita sees redLiverpool-bound Naby Keita brushed off a groin injury to play in Leipzig’s 2-2 draw at home to Borussia Moechengladbach, but was sent off for kicking Christoph Kramer in the face.Keita challenged Kramer for the ball, but his out-stretched leg made contact with the Germany international’s face.“I didn’t expect the foot to come in so high,” said Kramer. “It looked worse that it was, the lip was hit, but no teeth.”Keita is now suspended for Tuesday’s match away to Augsburg.Ultras walk out at HanoverHanover’s victory over Hamburg put them top of the table for 48 hours — the first time since September 1969 – but few of their hardcore ‘Ultra’ fans saw the final whistle.Hanover’s Ultras are annoyed that president Martin Kind wants a controlling interest in the club.Cries of “Kind out!” were heard throughout Friday’s win and the Ultras block was virtually empty on 90 minutes.“What I found really stupid is that the Ultras left the stadium while the boys were celebrating in front of our fans,” fumed Hanover coach Andre Breitenreiter.“That is a clear signal against the team.” Robben’s post-match comments were a clear message in Ancelotti’s direction: Ribery and Mueller must play and not left on the bench.“I am proud to played alongside Franck for eight years,” explained Robben. “He does the club a lot of good and we need him to win titles.“Thomas was the key to our success, when he is on, we have a lot more movement in our game.”Nagelsmann rumoursThere are rumours that Bayern’s next manager will be Hoffenheim’s 30-year-old coach Julian Nagelsmann.center_img Bayern players celebrating after scoring against MainzBerlin, Germany | AFP | Bayern Munich silenced their critics with a 4-0 hammering of Mainz and goal-scorer Arjen Robben had a clear message for Carlo Ancelotti.Only quick-thinking from VfB Stuttgart’s team doctor saved the life of captain Christian Genter in their 1-0 win over Wolfsburg.Liverpool-bound Naby Keita earned a red card in RB Leipzig’s 2-2 draw at home to Borussia Moenchengladbach while newly-promoted Hanover 96 went top of the league for 48 hours, but most hardcore fans left early.Here are five things we learned from the fourth round of German Bundesliga matches:Gentner’s horror injuryStuttgart captain Christian Gentner is unlikely to play again this year after fracturing his eye-socket, nose and upper jaw in a horror collision which could have ended in tragedy after he swallowed his tongue.Wolfsburg goalkeeper Koen Casteels smashed his knee into Gentner’s face while challenging for the ball on 85 minutes.The ex-Germany midfielder swallowed his tongue, which was pulled out of his throat by Stuttgart’s quick-thinking team doctor.“I came out (of the goal), looking at the ball,” said Casteels. “Unfortunately these things happen. My left knee came up when I jumped for the ball and 99 percent of goalkeepers do the same.”Robben’s clear messageBayern looked impressive in their 4-0 home romp against Mainz, but tensions are still bubbling.Thomas Mueller scored their early first goal before Arjen Robben tucked away their second on 23 minutes.But Robben chose to celebrate with substitute Franck Ribery, ignoring coach Carlo Ancelotti, who benched Mueller in Tuesday’s Champions League win over Anderlecht.last_img read more

Sanchez to make United debut in FA Cup tie with Yeovil

first_imgThe veteran French manager added: “The most important is the intentions are right. The intention of Alexis was certainly not to hide, nor was our intention to hide anything. We have nothing to hide.” Premier League leaders Manchester City had been linked with a transfer window move for Sanchez but baulked at an estimated Arsenal asking price of £35 million, as well as the Chile forward’s wage demands.That opened the door to United completing a swap move, with midfielder Henrikh Mkhitaryan joining Arsenal in exchange for Sanchez.Share on: WhatsApp Earlier on Friday, Sanchez, 29, found his name attached to a doping row following reports he had missed a routine drugs test that, coincidentally, was scheduled on the day of his move from the Emirates to Old Trafford.But Arsenal manager Arsene Wenger insisted Friday that any blame for a missed test lay with the Gunners and not Sanchez himself, given it appears he was still technically a registered player with the London giants when any possible infraction of anti-doping rules took place.“It is just a bad day for him to be tested,” Wenger said. “Honestly, on the administration side it would still be our responsibility because he had not moved.”center_img London, United Kingdom | AFP | Alexis Sanchez will make his Manchester United debut on Friday after being named in the Premier League giants’ starting line-up for their FA Cup fourth-round tie away to lower league Yeovil Town.The team posted on United’s official Twitter feed showed Sanchez in the side just days after he completed a move from Premier League rivals Arsenal on Monday that will reportedly make him the highest-paid earner in English football’s top flight, with a weekly wage of some £500,000 ($710,000; 571,000 euros).last_img read more