Case law

Tippmann v. Hensler

716 N.E.2d 372 · Indiana Supreme Court · Sep 22, 1999

Justifications for Excluding Intentional Tortfeasors from Immunity. … Our review of Indiana cases produces only one that clearly finds an intentional tort action against a fellow employee barred by the Worker’s Compensation Act, and another that involves what might be construed as an intentional

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

Wells v. Bernitt

936 N.E.2d 1242 · Indiana Court of Appeals · Nov 10, 2010

A qualified privilege, the common interest privilege, serves to protect statements made in good faith on any subject matter in which the party making the statements has an interest or in reference to which he has a duty, … The trial court also determined that Wells' defamation claim fails because the Bernitts established that their statements were substantially true and were protected by a qualified privilege that protects "communications made

Sherfey v. City of Brazil

213 Ind. 493 · Indiana Supreme Court · Mar 10, 1938

While that case is well considered, we think it is clearly distinguishable from the one which we are considering here. … Such a situation clearly presents one for the application of the rule of ejusdem generis.

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.

Chaunsey L. Fox v. State of Indiana

997 N.E.2d 384 · Indiana Court of Appeals · Oct 28, 2013

By statute, a defendant may only file a motion to dismiss on grounds of immunity “before or during trial.” Ind. Code § 35-34-1-4(b). … We conclude that Fox has failed to establish judicial bias and prejudice, and he was not placed in jeopardy. III.

Atterholt v. Robinson

872 N.E.2d 633 · Indiana Court of Appeals · Aug 22, 2007

Findings of fact are clearly erroneous when the record lacks any reasonable inference from the evidence to support them and the judgment is clearly erroneous if it is unsupported by the findings and conclusions thereon. … Because the MMA establishes the Fund’s liability if the healthcare provider settles with the plaintiff, Dillon held that it necessarily follows that proximate cause is also established. Id. at 974.

A Woman's Choice-East Side Women's Clinic v. Newman

671 N.E.2d 104 · Indiana Supreme Court · Aug 7, 1996

Such a tight causal link clearly comes within the statute's plain language. Where a woman faces imminent, serious harm absent prompt action, the attending physician may perform the medically-indicated abortion. … Emboli, eclampsia, and pre-eclampsia are particularly deadly, but each of these conditions may qualify a woman for an immediate abortion if, in her physician's clinical judgment, the condition posed a serious risk to the

In re L.J.M.

473 N.E.2d 637 · Indiana Court of Appeals · Jan 24, 1985

As a qualified shelter care facility, Black Lake Lodge was the appropriate place for L.J.M. to remain until his disposition decree was modified. … IC 20-6.1-6-15 provides: A school counselor is immune from disclosing privileged or confidential communication made to him as a counselor by a student.

Jorgensen v. State

567 N.E.2d 113 · Indiana Court of Appeals · Feb 18, 1991

Whether Defendant was denied a fair trial when the prosecutor allegedly used her immunized testimony from Gary Cochran's trial. V. … The independent evidence clearly establishes the corpus delicti of conspiracy. There was no error. VIIL Defendant claims the evidence was insufficient to sustain her conviction for conspiracy.

State v. Young

238 Ind. 452 · Indiana Supreme Court · Jul 2, 1958

The purpose is now so well established that it was unnecessary for the Act to specifically state that subsequent bona fide purchasers and lien-holders should be protected against prior conveyances and liens not made of record … E. 2d 185 , we carefully reviewed the precedents and held, “Consent to be made a party in such a proceeding can be given by the state only by a legislative enactment clearly evincing such consent. State v.

Kevin D. Speer v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 6, 2017

Even if Speer’s trial counsel was deficient in failing to inform the jury of Ferguson’s and Carnahan’s use immunity and the dropped charges against Ferguson, Speer has failed to establish that he was … [24] We conclude that Speer has failed to establish that this issue has any merit, much less that it is clearly stronger than the issues his appellate counsel did raise.

Javon Crockett-Berry v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 19, 2015

Moffitt agreed to discuss the case on the condition that he be given immunity. … This would run counter to the balancing scheme established by Rule 403.

Palmer v. Comprehensive Neurologic Services, P.C.

864 N.E.2d 1093 · Indiana Court of Appeals · Apr 20, 2007

Palmer again and placed him on Betaseron, a drug used to treat multiple sclerosis which modulates or suppresses the immune system. On July 6, 2000, at approximately 7:00 *1096 p.m., Mr. … completed as to the qualified health care providers.

JOHNSON v. JABKIEWICZ

District Court, S.D. Indiana · Sep 28, 2020

He also argues that even if a constitutional violation did occur, he is entitled to qualified immunity because the right to information privacy when receiving medication is not a clearly established right. … Analysis of the qualified immunity defense requires a consideration of: (1) whether the plaintiff's constitutional rights were violated and (2) whether the rights were clearly established at the time. Saucier v.

Housing Partnerships, Inc. v. Owens

10 N.E.3d 1057 · Indiana Tax Court · Jun 6, 2014

This case asks the Court to determine whether the Indiana Board of Tax Review erred when it held that for the 2006 tax year, Housing Partnerships, Inc. failed to show that its rental properties qualified for the charitable … In exchange for the governmental assistance, the corporation agreed both to rent its apartments to certain income-qualifying tenants and to charge budget-based rents. Id.

Rutledge v. Indiana Department of Correction

District Court, N.D. Indiana · Jan 29, 2025

The prison officers also argue qualified immunity. … The defense of qualified immunity “shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Coleman v. Frantz

593 F. Supp. 28 · District Court, N.D. Indiana · Jan 12, 1984

Plaintiff also brings pendent state claims, alleging false imprisonment, unnecessary rigor in arrest, intentional infliction of emotional distress, and negligence. 1 Qualified good faith immunity is available to enforcement … Public officials acting in their official capacities “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person