Case law

In Re: The Guardianship of A.M. v. Shapree Bailey v. Blanche Meriweather and Douglas Meriweather (mem. dec.)

Indiana Court of Appeals · Mar 30, 2015

While in [Grandparents]’ custody, all of [A.M.]’s medical needs and immunizations have been met. 16. … In contrast to Grandparents’ clearly-established financial and domestic stability, the record indicates that Mother has a history of unstable housing and employment, has had multiple contacts with

Richards v. Richards

60 Ind. App. 34 · Indiana Court of Appeals · Nov 3, 1915

section shall not apply * * * to conveyance * * * when made to husband and wife. * * * ” The law affecting a conveyance of real estate to husband and wife has been frequently construed by the Supreme Court and the rule is established … If the language clearly shows an intention to take and hold the title as tenants in common, then such intention must be given effect.

Colman v. Heidenreich

269 Ind. 419 · Indiana Supreme Court · Oct 13, 1978

The prosecutor offered the anonymous female immunity from criminal prosecution if she would come forward, but Colman indicated that he never conveyed this offer to the female. … The transcript and record clearly show that Colman has never discussed this matter with his client’s female friend.

Zagorac v. State

943 N.E.2d 384 · Indiana Court of Appeals · Jan 31, 2011

When interpreting statutes, we use the following standard: The first step in interpreting a statute is to determine whether the Legislature has spoken clearly and unambiguously on the point in question. … Thus, because charges were filed against Zagorac in relation to the arrest at issue, the arrest may be expunged from his record only if he qualifies under this statute. See id.

Happy Valley LLC v. Madison County Board of Commissioners

Indiana Court of Appeals · Sep 18, 2019

In 1899, the Indiana Legislature enacted the County Reform Act and thereby established a system for appropriations of county funds by the county council.5 The power of making appropriations was given exclusively … Compliance with the notice provision of the Indiana Tort Claims Act is a condition precedent to filing a tort suit against a qualified political subdivision. Weaver v. Elkhart Cmty. Sch.

WCB v. State

855 N.E.2d 1057 · Indiana Court of Appeals · Nov 1, 2006

Nonetheless, even if the perpetrator's consent were an element of the offense, such `consent' could be established by showing the required element of criminal intent. Id. at 912 (citation omitted). … Privileges and Immunities Clause Finally, W.C.B. contends that the child molesting statute violates Article I, section 23 of the Indiana constitution.

Gill v. Evansville Sheet Metal Works, Inc.

940 N.E.2d 328 · Indiana Court of Appeals · Dec 15, 2010

Analyzing Indiana's relevant case law, it should be noted that this jurisdiction has never clearly characterized "an improvement to real property." See, eg., J.M. Foster, Inc. v. … Specifically, the designated evidence clearly reflects that Gale retired in 1986, whereas the claim was brought in 2007, or more than twenty-one years after his retirement.

Ridlen v. Four County Counseling Center

809 F. Supp. 1343 · District Court, N.D. Indiana · Nov 24, 1992

Clearly much has transpired in the area of state action jurisprudence since the Hall court rendered the aforementioned opinion in 1980. … There are undeveloped issues relating to the immunity of certain defendants as well. It is correct that the individual physicians, although perhaps not Four County itself, would have qualified immunity. See Hedge v.

Williams v. Crown Point City of

District Court, N.D. Indiana · Aug 30, 2023

Clearly Established Law Thus, the Court turns to the qualified immunity inquiry of whether the law clearly established at the time that it was unreasonable for Officer Eldridge … For purposes of qualified immunity, the law is clearly established on an excessive force claim if a plaintiff “identif[ies] a closely analogous case that established a right to be free from the type of force the police

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Gregg

181 Ind. 42 · Indiana Supreme Court · Oct 29, 1913

and qualified as prescribed thereby. 6. 7. … Ascherman (1884), 94 Ind. 187 , that a petition for a highway should show by proper averments that the petitioners were qualified as the statute required.

Evans v. Schenk Cattle Co., Inc.

558 N.E.2d 892 · Indiana Court of Appeals · Aug 21, 1990

To establish the propriety of medical treatment, expert testimony must be presented to establish the degree of care expected of the medical care provider. See Planned Parenthood of N.W. Ind., Inc. v. … , where this court found that it was not error to refuse to instruct the jury that no fault could be allocated to the State due to the fact that the State could not be considered a nonparty because it was a statutorily immune

Indiana High School Athletic Ass'n v. Vasario

726 N.E.2d 325 · Indiana Court of Appeals · Mar 7, 2000

We will not set aside a judgment unless it is clearly erroneous. Id. … Article 1, Section 23, the Privileges and Immunities Clause, states: “[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong

Unroe v. United States Ex Rel. Department of Treasury (In Re Unroe)

144 B.R. 85 · United States Bankruptcy Court, S.D. Indiana · Mar 31, 1992

To be eligible for an award under this section, the party must exhaust its administrative remedies within the Internal Revenue Service, must establish the position of the United States in the proceeding was not substantially … Thus, Congress clearly evidenced its intent not to hold the IRS liable for an unjustified position held only in the early stages of a controversy before this point in reached.

Tremain v. Severin

16 Ind. App. 447 · Indiana Court of Appeals · Dec 16, 1896

This was sufficient to defeat the immunity from liability which would otherwise have been available to the estate. … In all such cases it would be impossible to enforce the collection of the note after the surety’s death, while if the surety were alive, he would be clearly liable.

Ledbetter v. Ball Memorial Hospital

724 N.E.2d 1113 · Indiana Court of Appeals · Feb 29, 2000

We review only for an abuse of discretion and reverse only when the decision is clearly against the logic and effect of the facts and circumstances. Id. … Specifically, they argue that the Act violates the Privileges and Immunities Clause of the Indiana Constitution, article I, § 23.

Reed v. Schultz

715 N.E.2d 896 · Indiana Court of Appeals · Aug 20, 1999

Schultz were so entitled, the Rule 56 materials show that he was removed for just cause, and (3) the Superintendent is entitled to qualified immunity from any claim of damages. Dr. … (f) A person who otherwise qualifies as a hearing officer is not considered an employee of the agency solely because the person is paid by the agency to serve as a hearing officer.

Kent W. Abernathy, Commissioner of the Indiana Bureau of Motor Vehicles and Bernard Carter, Prosecuting Attorney for Lake County v. Eric C. Gulden, Jeremy Crawford, David J. Klahn

Indiana Court of Appeals · Nov 30, 2015

Applying this well-established legal adage, we should apply the version of I.C. § 9-30-10-4 in effect at the time of the commission of the third triggering HTV-offense. … The added subsection 4(e) merely established that even though the application is triggered by the judgment of the third qualifying offense, the dates of the offenses are to be used to calculate whether

Walgreen Co. v. Gross Income Tax Division

225 Ind. 418 · Indiana Supreme Court · Dec 5, 1947

It is the law of Indiana that to constitute gross income a transaction must come clearly within the statutory provisions, providing for such income. … possibly because, in effect, it increases the wages of the employees without any actual cost to appellant and thus enables appellant to secure and retain capable and faithful employees at a more reasonable wage; and it may establish

Brown v. Alexander

876 N.E.2d 376 · Indiana Court of Appeals · Nov 15, 2007

P & L is a governmental agency of the City of Richmond. 1 The undisputed evidence established that a safety chain was missing from the trailer prior to the accident but had never been replaced. … In enacting the ITCA, the legislature could have allowed a claim to proceed where the governmental entity knew about the negligent actions and was clearly at fault.

Nagy v. Evansville-Vanderburgh School Corp.

844 N.E.2d 481 · Indiana Supreme Court · Mar 30, 2006

The $20 fee is charged to every student including students who qualify for the free or reduced school lunches and textbook programs. … The Brackett children qualify for the reduced or free school lunch and textbook programs.