Case law

Bessonies v. City of Indianapolis

71 Ind. 189 · Indiana Supreme Court · Nov 15, 1880

It simply regulates the establishment, and does not in any sense prohibit.” But does the ordinance regulate such establishments ? Clearly not. … The third makes the ordinance applicable alike to hospitals then established and those that might be thereafter established.

FAIRCHILD, PROSECUTING ATTY., ETC. v. Schanke

232 Ind. 480 · Indiana Supreme Court · Jun 29, 1953

No valid reason has been given to justify the establishment of the class which is attempted to be created by the act. … privileges and immunities which, upon the same terms, are not granted to other clubs and individuals similarly situr ated.

Sweeney v. State

704 N.E.2d 86 · Indiana Supreme Court · Dec 18, 1998

Defendant’s contention is clearly mistaken. … a use immunity agreement exists.

State of Indiana v. I.T.

Indiana Supreme Court · Mar 21, 2014

The Statute’s terms clearly confer use immunity, but do not necessarily extend to derivative use immunity. We begin with the language of the Statute to determine the scope of its protections. … Though the statutory language clearly grants use immunity, it is far less clear whether its protection also extends to derivative use of the statement to prompt further investi- gation to develop similar evidence from other

Anderson v. State

104 Ind. 467 · Indiana Supreme Court · Dec 31, 1885

Thus instructing the jury involves, in a qualified sense at least, the exercise of a judgment upon all matters of law concerning which the judge must give information to the jury. … In a more comprehensive sense it may be said to be “ a privilege or immunity recognized or conferred by competent authority.”

Porter County Sheriff Department v. Guzorek

857 N.E.2d 363 · Indiana Supreme Court · Nov 28, 2006

This is most clearly demonstrated by federal cases allowing relation back where plaintiffs pursuing § 1983 claims had incorrectly named immune institutional entities rather than individual defendants. … None involves a suit against a clearly immune party and all involve a rational decision to sue one party and not another.

Turczi v. State

271 Ind. 329 · Indiana Supreme Court · Jul 30, 1979

However, there was also evidence presented at the hearing which tended to establish that no agreement was ever made. … Although the exact procedure of issuing the nolle prosequi against Bobis was never mentioned, the questions asked of him clearly showed the jury his background of involvement with the crime and his release.

Dowd, Warden v. Stuckey

222 Ind. 100 · Indiana Supreme Court · Dec 23, 1943

Unless there is such a legal basis for classification, penalties imposed by criminal statutes must apply equally, without privileges or immunities on the one hand or additional burdens upon the other. … A statute pro *105 viding the death penalty for murder by one under thirty years of age, and a lesser penalty for murder by an older person, would, it seems to us, be clearly unconstitutional. The principle is the same.

Stackhouse v. City of Lafayette

26 Ind. 17 · Indiana Supreme Court · May 15, 1866

The ordinance of the common council directing such public improvements is judicial in its nature, and extends immunity from private action for damages to those who perform the duty. But there this immunity ends. … The power and duty to perform the latter is clearly ministerial, and falls under the class of private powers. The principle respondeat superior consequently applies.” In Furze v.

State v. Costas

552 N.E.2d 459 · Indiana Supreme Court · Apr 9, 1990

The Environmental Protection Ageney established the National Ambient Air Quality Standards (NAAQS) for various pollutants, including ozone and carbon monoxide. … Before a statute will be declared repugnant to the Constitutions its fatal constitutional defects must be clearly apparent.

FALLOWFIELD v. State Ex Rel. Brentlinger

240 Ind. 543 · Indiana Supreme Court · May 17, 1960

The case before us is clearly distinguishable from the recent case of Kaplan et al. v. State ex rel. (1960), 241 Ind. —, 164 N. … Similarly in the case before us, the physicians or doctors could not be mandated in the proper area of their discretion or judgment within the limitations above expressed in their conduct of the physical examination, but such immunity

Reilly v. Robertson

266 Ind. 29 · Indiana Supreme Court · Feb 22, 1977

These conclusions are not clearly in error and appear supported by the statutory references made, and stand unchallenged on appeal. … The man and woman teacher when considered at the point at which each is first qualifying for retirement benefits, each of the same age, and each having qualified by the same number of years and level of service are not by

Kostanzer v. State Ex Rel. Ramsey

205 Ind. 536 · Indiana Supreme Court · Nov 2, 1933

It is clearly within the power of the General Assembly to fix qualifications for teachers and to provide for an indefinite tenure of position conditioned upon satisfactory performance of duties. … statute providing for indefinite .tenure of public school teachers, conditioned upon satisfactory services, in the absence of any provisions which would exclude any citizen or class of citizens from equal opportunity to qualify

City of Indianapolis v. Indianapolis Water Co.

185 Ind. 277 · Indiana Supreme Court · Jun 28, 1916

The allegations of each paragraph are clearly sufficient to show a prior user of an established highway by the public, and a change in the form of government or of territorial *295 boundaries would not defeat such dedication … But, on the other hand, “powers, the exercise of which can only be justified on this specific ground, and which would otherwise be clearly prohibited by the constitution, can be such only as are so clearly necessary to the

Bryce A. Burton v. Martin Benner and Indiana State Police

Indiana Supreme Court · Mar 3, 2020

Troopers that operate State Indiana Supreme Court | Case No. 19S-CT-00549 | March 3, 2020 Page 2 of 9 Police commissions are subject to a Standard Operating Procedure that establishes guidelines for the operation … Discussion and Decision Because Trooper Benner raised an affirmative defense that he was immune from personal liability under the Indiana Tort Claims Act (“ITCA”), the issue in this case is whether Benner was acting “clearly

Decatur County Rural Electric Membership Corp. v. Public Service Co. of Indiana, Inc.

261 Ind. 128 · Indiana Supreme Court · Sep 6, 1973

The statutory language found in Section 18a and § 55-4418 (a), cited hereinabove, clearly establishes that the legislature conceived of no distinction between an REMC and other public utilities. … That statute establishes the procedure whereby termination is effected.

Gross v. State

267 Ind. 405 · Indiana Supreme Court · Dec 20, 1977

The facts are clearly distinguishable from the facts in the case defendant cites, Aubrey v. State, (1974) 261 Ind. 692 , 310 N.E.2d 556 . … There was no actual refusal to testify and no drawn out immunity or civil contempt proceedings.

Wine-Settergren v. Lamey

716 N.E.2d 381 · Indiana Supreme Court · Sep 22, 1999

This nexus is established when a reasonably prudent person considers the injury to be born out of a risk incidental to the employment, or when the facts indicate a connection between the injury and the circumstances under … Given this evidence, the trial court’s determination that her injuries were accidentally caused was not clearly erroneous. 2 .

Humphreys v. Clinic for Women, Inc.

796 N.E.2d 247 · Indiana Supreme Court · Sep 24, 2003

The Indiana Privileges and Immunities Clause, Article 1, Section 23 of the Indiana Constitution, clearly permits enactment of laws that provide "disparate treatment" for different classes where the legislation is "reasonably … The test for constitutionality under that clause is established in Collins v.

State Ex Rel. Haskett v. Marion County Criminal Court

250 Ind. 229 · Indiana Supreme Court · Feb 28, 1968

"It is well established that the privilege against self-incrimination protects against disclosure of facts involving *235 criminal liability and not against civil liability. … On September 20, 1967, the respondent court ordered the relator to be re-examined by two qualified physicians.