Case law

Veolia Water Indianapolis LLC, City of Indianapolis Dept. of Waterworks, and City of Indianapolis v. National Trust Ins. Co. and FCCI Ins. Co. a/s/o Ultra Steak, Inc. d/b/a Texas Roadhouse

Indiana Court of Appeals · Aug 3, 2012

―The party seeking immunity bears the burden of establishing the immunity. … ―A judgment on the pleadings is proper only when there are no 8 genuine issues of material fact and when the facts shown by the pleadings clearly establish that the non-moving

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).

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.

McCrum v. Elkhart County Department of Public Welfare

806 F. Supp. 203 · District Court, N.D. Indiana · Dec 22, 1992

Under the doctrine of qualified immunity, government officials performing discretionary functions are immune from suit for damages under § 1983 if their conduct did not violate clearly established rights of which a reasonable … She may, of course, proceed immediately with a summary judgment motion supported by evidentiary material demonstrating the facts on which her qualified immunity claim is based.

Maudlin v. Federal Emergency Management Agency

138 F. Supp. 3d 994 · District Court, S.D. Indiana · Sep 30, 2015

the United States has waived sovereign immunity with respect to its claims. … Plaintiffs inform the court of an absence of case law holding that FEMA’s map-making activities qualify as undertakings under the NHPA.

Ross v. Indiana State Board of Nursing

790 N.E.2d 110 · Indiana Court of Appeals · Jun 13, 2003

To qualify as a “prevailing party,” the plaintiff must obtain at least some relief on the merits of his claim which directly benefits him at the time of the judgment. Farrar v. … We turn, then, to the trial court’s finding that quasi-judicial immunity prevented an award of attorney’s fees.

C.M.L. Ex Rel. Brabant v. Republic Services, Inc.

800 N.E.2d 200 · Indiana Court of Appeals · Dec 16, 2003

In determining that he did not have such a right, the Court cited to the policy argument put forth in Hewlett, which stated: *204 It is well established that a minor child cannot sue his parent for a tort. … We also noted that "under extreme cireum-stances [parental] immunity may not exist, however, a failure to supervise ... would not be sufficient, in our opinion to qualify."

Whistle Stop Inn, Inc., and Louise Liford d/b/a Thirsty Turtle v. City of Indianapolis, Mayor Greg Ballard, Indianapolis City-County Council and Hoosier Park, LLC

Indiana Court of Appeals · Jun 24, 2015

Court of Appeals of Indiana | Opinion 49A02-1407-MI-519 | June 24, 2015 Page 5 of 24  together to watch, and bet on, horseracing—was required to hold such a license by April 12, 2012, to qualify … A judgment on the pleadings is proper only when there are no genuine issues of material fact and when the facts shown by the pleadings clearly establish that the non-moving party cannot in any way succeed

City of Seymour v. Onyx Paving Co.

541 N.E.2d 951 · Indiana Court of Appeals · Jul 31, 1989

It is a well established and acknowledged rule that when we review a case in which a trial court has rendered findings of fact and conclusions of law, we will not set aside the trial court’s judgment unless it is clearly … The trial court’s findings in this regard were not clearly erroneous.

Larsen v. Fort Wayne Police Department

825 F. Supp. 2d 965 · District Court, N.D. Indiana · Jun 11, 2010

The Officers also argue that they are entitled to the protection of qualified immunity on Larsen’s false arrest claim. … rules that were clearly established at the time the actions were taken.”

D.L. ex rel. D.L. v. Huck

978 N.E.2d 429 · Indiana Court of Appeals · Oct 17, 2012

All of the actions complained of by the Family were only indirectly, at best, related to any court order or instruction, and were not sufficiently intertwined with the judicial process to qualify for quasi-judicial immunity … To establish standing, a plaintiff must demonstrate a personal stake in the outcome of the lawsuit and that the injury is a result of the defendant’s conduct. Id. at 339-40 .

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

Rebirth Christian Academy Daycare, Inc. v. Minott

994 F. Supp. 2d 925 · District Court, S.D. Indiana · Jan 13, 2014

Qualified Immunity Finally, the FSSA argues that even if Rebirth’s constitutional rights were violated, Defendants are entitled to qualified immunity in their individual capacities because those rights were not clearly established … Under the doctrine of qualified immunity, public officials “performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Conner v. United States

947 F. Supp. 1267 · District Court, N.D. Indiana · Jul 22, 1996

Clearly, a church is not a qualifying entity. Thus, the government argues that since Calvary is not a third-party recordkeeper, petitioners were not entitled to notice under the provisions of § 7609(a)(1). … Orme establish each of the four elements of a prima facie case for the validity and enforceability of the summonses at issue.

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.

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 .

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.

Droscha v. Shepherd

931 N.E.2d 882 · Indiana Court of Appeals · Aug 3, 2010

In determining whether a person is entitled to the benefit of judicial immunity, we use the functional approach established by the United States Supreme Court and look to the nature of the function performed, not the identity … Here, there is no dispute that the Association established the panel of arbitrators.

Neff v. State

832 N.E.2d 1006 · Indiana Court of Appeals · Aug 15, 2005

Unless the defendant admits that he was on probation at the time he committed the offense in question, evidence must be presented establishing that fact. … Special Judge Steven Nation qualified and assumed jurisdiction of this case on March 25, 2003.

Thomas Haggerty and Cathy Haggerty v. Anonymous Party 1, Anonymous Party 2, and Anonymous Party 3

998 N.E.2d 286 · Indiana Court of Appeals · Nov 20, 2013

AP1 made a prima facie showing that no genuine issue of material fact exists as to its immunity; however, the Haggertys have not established the contrary. … AP2 and AP3 made a prima facie showing that no genuine issue of material fact exists as to their immunity; the Haggertys failed to establish the contrary.