Case law

Paul Stieler Enterprises, Inc., d/b/a Harbor Bay v. City of Evansville and Evansville Common Council VFW Post 2953 v. City of Evansville and Evansville Common Council

Indiana Supreme Court · Feb 11, 2014

Thus, the two distinguishing characteristics upon which the Amending Ordinance establishes different classes for unequal treatment are: (1) whether the establishment is floating or land-based and (2) whether the establishment … Establishments licensed to sell alcoholic 5 the establishment is floating or land-based. We agree.

Estate of Elmer Gordon Waggoner v. Anonymous Health System, Inc.

Indiana Supreme Court · Mar 4, 2026

In August 2023, before the panel could be established, Providers filed a petition for preliminary determination and motion for summary judgment, arguing that they were immune from liability under Indiana Code chapter 34-30 … A “covered countermeasure” includes a “qualified pandemic or epidemic product.” 42 U.S.C. § 247d-6d(i)(1)(A).

Williams v. Stein

38 Ind. 89 · Indiana Supreme Court · Nov 15, 1871

If the constitution secures to the voter, in popular elections, the protection and immunity of secrecy, there can be no doubt that section 2 of the act of 1869, which authorized the inspector to number ballots, is clearly … This rule is well established and is founded in the highest wisdom.

Campbell v. State

259 Ind. 55 · Indiana Supreme Court · Jul 17, 1972

Exactly what constitutes a proprietary function as opposed to a governmental function has never been clearly enunciated by the courts, and this failure to establish a criteria has led to the generally confused state of the … Exactly what a governmental function constituted was not yet clearly defined.

Stewart v. Fort Wayne Community Schools

564 N.E.2d 274 · Indiana Supreme Court · Dec 27, 1990

After reviewing the record, we hold that the board's decision in this case was not clearly erroneous. … To make out a § 1983 claim, a plaintiff must establish that a deprivation of rights, privileges, or immunities secured by the United States Constitution or federal law resulted from conduct occurring under the color of state

Miller v. Griesel

261 Ind. 604 · Indiana Supreme Court · Mar 22, 1974

Sovereign or governmental immunity is a *608 complete bar to an action which may be interposed by a government defendant and will prevent liability even in a situation where tortious conduct might otherwise be clearly established … A failure to plead and establish such a bar to a suit can be deemed a waiver.

Buckley v. Standard Investment Co.

581 N.E.2d 920 · Indiana Supreme Court · Nov 22, 1991

The Court of Appeals determined that Citizens qualifies as a political subdivision of the state both through subsections (fii) and (x) because it is controlled by the Board of Directors for Utilities. … Trial Rule 56 the movant bears the burden of establishing that no material facts are at issue and that he is entitled to jugment as a matter of law. Eberbach v. McNabney (1981), Ind.App., 421 N.E.2d 651 .

Peavler v. BD. OF COM'RS MONROE CTY.

528 N.E.2d 40 · Indiana Supreme Court · Sep 9, 1988

Immunity may be established by government defendants who can show that the challenged decision was discretionary because it resulted from a policy oriented decision-making process. … The defendants here seek to establish the defense of immunity. Each bears the burden to show that a policy decision, consciously balancing risks and benefits, took place.

Greathouse v. Armstrong

616 N.E.2d 364 · Indiana Supreme Court · Jun 24, 1993

"The governmental entity seeking to establish immunity bears the burden of proving that the challenged act or omission was a policy decision made by the conscious balancing of risks and benefits." … The immunity provided the performance of discretionary functions in I.C. § 34-4-16.5-8(6) does not shield the Sheriff's Department from liability for conduct associated with implementation of its established policies.

State Election Board v. Bartolomei

434 N.E.2d 74 · Indiana Supreme Court · Mar 19, 1982

The burden is upon those who challenge its validity to make any constitutional defect clearly apparent. … since their terms do not prevent application of their provisions to any county that may eventually qualify.

Davis v. Animal Control-City of Evansville

948 N.E.2d 1161 · Indiana Supreme Court · Jun 21, 2011

under the Indiana Tort Claims Act (―ITCA‖) because they qualify for law enforcement immunity. … To the contrary, we said that what was required to establish immunity was that the activity be one in which government either compels obedience to laws, rules, or regulations or sanctions or attempts to sanction violations

State Ex Rel. Buttz v. Marion Circuit Court

225 Ind. 7 · Indiana Supreme Court · Apr 9, 1947

shall serve for two years or until their successors shall have been appointed and qualified. … As such duty to enter said so-called judgment was clearly mandatory, under the terms of the special improvement statute, it was a ministerial act.

Johnson v. State

262 Ind. 516 · Indiana Supreme Court · Nov 26, 1974

Clearly, a baby could sleep peacefully as the kidnapper carried him away. … Neither do we consider that the clothing can qualify as newly discovered evidence within the meaning of that term in TR. 59(A) (6).

Matter of Mann

270 Ind. 358 · Indiana Supreme Court · Feb 22, 1979

The record in this case establishes that the Respondent testified in a criminal case tried in Marion Criminal Court, Division 4, such testimony being given under a grant of immunity pursuant to the terms of I.C. 35-6-3-1, … Unless the court finds that the issuance of the order would be clearly contrary to public interest, the witness shall comply with the order of the court.

Elmore v. Overton

104 Ind. 548 · Indiana Supreme Court · Jan 7, 1886

The granting of a license, and the issuing of a license, are clearly convertible terms within the meaning of section 4425 of the existing statutes of the State, herein above set out. … In the next place, the accuracy of all the memorandums made or entered upon these papers was not sufficiently established by preliminary evidence to entitle them to be put in evidence in their entirety.

Dortch v. Lugar

255 Ind. 545 · Indiana Supreme Court · Jan 26, 1971

It is our considered opinion that the Act was clearly intended to treat the incumbent councilmen as “hold-overs” until the officers of the consolidated city can be duly elected and qualified as therein provided. … This court there concluded: “The law is clearly local and special.

League of Women Voters of Indiana, Inc. v. Rokita

929 N.E.2d 758 · Indiana Supreme Court · Jun 30, 2010

No photo identification is required in order to register to vote, and the State offers free photo identification to qualified voters able to establish their residence and identity. … The voter qualifications established in Section 2 of Article 2 relate to citizenship, age, and residency.

Walker v. State

249 Ind. 551 · Indiana Supreme Court · Feb 7, 1968

It clearly appears from the evidence herein that the appellant was promised immunity from prosecution by police officers if he would return the suits he still had and assist them in the investigation. … Miller’s testimony concerning the robbery, it is clearly not of probative value, being hearsay.

Sparks v. State

537 N.E.2d 1179 · Indiana Supreme Court · May 10, 1989

Still before the jury, the State offered to grant the witness immunity as to this charge and the court ordered the witness to answer the questions based on this immunity. … It also heard evidence of two convictions that were qualified. Therefore, the evidence supported the jury’s verdict that there were two qualified convictions.

KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels

72 N.E.3d 892 · Indiana Supreme Court · Apr 24, 2017

And “it is well established that the allegations of a complaint cannot be changed or expanded by the prayer for relief.” Jerry Alderman Ford Sales, Inc, v. … Because we cannot say Congress clearly and manifestly intended the PLCAA to preempt state law, we find no preemption here. B. Runnels’s constitutional arguments are without merit.