Case law

Stoffel v. Daniels

908 N.E.2d 1260 · Indiana Court of Appeals · Jul 13, 2009

"Every statute stands before us clothed with the presumption of constitutionality until clearly overcome by a contrary showing." Boehm v. Town of St. John, 675 N.E.2d 318, 321 (Ind.1996). … When the elective term ends and no qualified person has been elected and qualified to take over the duties of the office, the person holding the office at the end of the elective term has a right and duty, commanded by Art

Hoffman v. Roberto

578 N.E.2d 701 · Indiana Court of Appeals · Sep 23, 1991

The qualified privilege attached in the present case. … Onee it is established that the qualified privilege was in place, it must be determined whether a genuine issue of material fact exists as to whether the statements were made with actual malice. Id. 354 N.W.2d at 291 .

Cahoon v. Cummings

734 N.E.2d 535 · Indiana Supreme Court · Sep 1, 2000

Thus, we hold that the evidence of the addition of “Cline scope” to Cummings’ x-ray report qualifies under the spoliation rule in Indiana. … Feferman, 717 N.E.2d 578, 582 (Ind. 1999), there is no comparable provision immunizing health care providers generally from prejudgment interest. In Emergency Physicians v.

Rosenbarger v. Shipman

857 F. Supp. 1282 · District Court, N.D. Indiana · May 6, 1994

IMMUNITY The court first notes that Judge Ship-man’s firing of Ms. Rosenbarger is not subject to absolute judicial immunity. … The defense of qualified judicial immunity was left open by the Supreme Court in Forrester, 484 U.S. at 228-30 , 108 S.Ct. at 545 , but any such defense has not yet been raised by the defendant.

Reginald N. Person, Jr. v. Carol A. Shipley

962 N.E.2d 1192 · Indiana Supreme Court · Jan 31, 2012

Turner was not qualified to offer an opinion on either accident reconstruction or the medical cause of injury, and even if he were qualified, that his opinions were unreliable because he did not have sufficient information … The facts in this case clearly support Dr.

Perdue v. Gargano

964 N.E.2d 825 · Indiana Supreme Court · Mar 22, 2012

As such, Section 273.2(d)(1) clearly contemplates at least two bases for the denial of benefits: refusal and failure to cooperate. … Lastly, there is no issue of material fact as to whether Perdue is a "qualified individual with a disability."

Lockwood v. McMillan

237 F. Supp. 3d 840 · District Court, S.D. Indiana · Feb 24, 2017

McMillan is entitled to qualified immunity; (3) the Plaintiffs have not established liability under Monell-, and (4) the Plaintiffs’ claims are barred by the applicable statute of limitations. … Because the Court concludes that the Plaintiffs have not established that a constitutional violation occurred, it need not reach the issue of qualified immunity. See Mucha v.

P J v. Review Board

Indiana Court of Appeals · Sep 27, 2024

P.J. cites to no clear authority establishing the motions panel erred and we find none. … the indigency statute, automatically qualifies him to proceed in forma pauperis.

Sims v. United States Fidelity & Guaranty Co.

730 N.E.2d 232 · Indiana Court of Appeals · Jun 23, 2000

All doubts are resolved against a challenger who must over *235 come that presumption by “clearly demonstrating the provision to be invalid.” Id. … In so doing, the court noted that its prior holdings did not establish a fundamental right of access to the courts.

PHILLIPS v. SURGUY

District Court, S.D. Indiana · Mar 24, 2025

Finally, Defendants assert that they are entitled to qualified immunity on Mr. … "A public official is entitled to qualified immunity from suit unless he [or she] violated a clearly established constitutional right." Dockery v.

Martin v. Roberts

464 N.E.2d 896 · Indiana Supreme Court · Jun 22, 1984

Officer Brown therefore had to show to the trial judge his knowledge and experience in the field to qualify as an expert. … On appeal, Martin's burden is to establish that the evidence most favorable to Roberts, together with all reasonable inferences, conclusively established that she knew of, and understood, a given danger and that she voluntarily

METROPOLITAN SCHOOL DIST. SW ALLEN CTY. v. Allen County

753 N.E.2d 59 · Indiana Court of Appeals · Aug 6, 2001

A trial court may vacate or reverse an agency's decision only if the evidence, when viewed as a whole, demonstrates that the conclusions reached by the agency are clearly erroncous. City of Indianapolis v. … The parties concede and the Court finds that the students are developmentally disabled, qualified for Medicaid, are supported by, cared for by, and living with some other person without ability to pay transfer tuition. 6.

In the Matter of the Termination of the Parent-Child Relationship of D.B.M. and H.B. (Father) v. Indiana Department of Child Services

20 N.E.3d 174 · Indiana Court of Appeals · Nov 3, 2014

“[T]he rule unequivocally requires the proponent of business records to establish, by the testimony of the custodian or other qualified witness, that the records are regularly made.” J.L. v. … findings and the findings clearly and convincingly support the judgment.”

State Ex Rel. Anderson v. Brand, Trustee

214 Ind. 347 · Indiana Supreme Court · Jan 14, 1937

"No rule of construction is more firmly established than this: that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards matters of procedure … But the court clearly recognized the legal soundness of the rule that tenure rights are vested and are immune from legislative impairment. The opinion of the Wisconsin Supreme Court in State ex rel. O'Neil v.

McQuay

District Court, N.D. Indiana · Jan 13, 2026

“Qualified immunity protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of which a … To overcome a qualified immunity defense, “a plaintiff must show the deprivation of a constitutional right, and must also show that the right was clearly established at the time of the violation.” Walker v.

Caldwell v. Blythe

District Court, N.D. Indiana · Mar 27, 2020

Dismissal of Caldwell’s § 1983 claims is also warranted on the basis of qualified immunity. … A finding of qualified immunity is appropriate where: (1) the alleged conduct violated the plaintiff’s constitutional rights, and (2) those rights were clearly established at the time the violation occurred. Sherman v.

Cotton v. State

658 N.E.2d 898 · Indiana Supreme Court · Dec 14, 1995

Thus, this Court has required that a written memorial must form the basis for establishing the error or omission to be corrected by the nune pro tune order. Blum's Lumber & Crating, Inc. v. … The truth is that Judge Barnet did qualify and assume jurisdiction as special judge in this case before sitting in judgment.

Morris v. Powell

9 L.R.A. 326 · Indiana Supreme Court · Oct 8, 1890

he is a qualified elector.” … A voter who moves from one county to another sixty days before an election, is entitled to vote in the township in which he establishes his residence.

Breeck v. City of Madison

592 N.E.2d 700 · Indiana Court of Appeals · May 26, 1992

Thus, City and County are immune from any punitive damage claim by Breeck and this portion of summary judgment was proper. … Clearly, Breeck’s federal claims are barred by claim preclusion.

J.B.E. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 21, 2020

shall not be FILED regarded as precedent or cited before any Dec 21 2020, 10:00 am court except for the purpose of establishing … We cannot conclude her commitment to the DOC violates the privileges and immunities clause of our constitution.