Case law

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.

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.

Huffman v. Indiana Department of Environmental Management

788 N.E.2d 505 · Indiana Court of Appeals · May 19, 2003

clearly suggested that intent. *509 3 Because the legislature already has defined who qualifies for administrative review, it was error for the OEA to read into the phrase "aggrieved or adversely affected" a common law standing … or adversely affected" person merely by establishing that she is a citizen of the State of Indiana.

City of New Haven v. Reichhart

729 N.E.2d 600 · Indiana Court of Appeals · Jun 8, 2000

Attackable “wastage” in the sense hereinabove used would also occur where the annexation was clearly or patently illegal. … There, the Court ruled that petitioners enjoy only a qualified immunity under the right of petition where they express "libelous and damaging falsehoods in petitions to Government officials.”

City of South Bend v. Dollahan

918 N.E.2d 343 · Indiana Court of Appeals · Dec 15, 2009

The trial court's findings will be set aside only if they are clearly erroneous, ie. when the record contains no facts or inferences supporting them. Id. … Under Indiana's common law, Dollahan was required to establish three elements to recover on a theory of negli-genee: (1) a duty on the part of City to conform its conduct to a standard of care arising from its relationship

Smith v. State

152 Ind. App. 654 · Indiana Court of Appeals · Jun 30, 1972

The record is devoid of any evidence that defendant was áttemptihg to gain immunity or hoping to “make a deal” as he now contends. … Based upon our discussion of the other issues herein, we are convinced that defendant’s conviction was clearly established. Affirmed. White, P.J. and Buchanan, J., concur. Note. — Reported in 284 N. E. 2d 522 .

Bertram A. Graves, M.D. v. Indiana University Health, f/k/a Clarian Health Partners, Inc., Richard Kovacs, M.D., and Edward Ross, M.D.

32 N.E.3d 1196 · Indiana Court of Appeals · Jun 5, 2015

Specifically, the trial court determined that the Appellees were protected by peer-review immunity, Dr. Graves had not established discrimination, and the claims against Drs. … Graves has failed to establish that the trial court’s decision in this regard is clearly against the logic and effect of the facts and circumstances Court of Appeals of Indiana | Opinion 49A05-1412-PL-560

Dobbie v. Bremen Police Dep't

341 F. Supp. 3d 896 · District Court, N.D. Indiana · Sep 24, 2018

As such, they qualify as actions taken during judicial proceedings which are shielded by absolute immunity. See id. … Further, in objecting to the report and recommendation, the plaintiffs contend that the prosecutors are only entitled to qualified immunity based on Daniels v. Kieser , 586 F.2d 64 (7th Cir. 1978) and Auriemma v.

City of Carmel v. Martin Marietta Materials, Inc.

849 N.E.2d 1197 · Indiana Court of Appeals · Jul 5, 2006

Economic injury would clearly accompany such a forced cessation of operations. … This would clearly be an absurd result because governance of these areas is not limited to local zoning bodies.

Maravilla v. United States

867 F. Supp. 1363 · District Court, N.D. Indiana · Oct 17, 1994

The agents have also argued for summary judgment on the ground of qualified immunity. Indeed, even if the foregoing did not support summary judgment for the agents, qualified immunity certainly would. … Put another way, qualified immunity exists where “at the time of the alleged seizure, a reasonable officer could have believed that [the defendant officer’s] conduct was constitutional ‘in light of the clearly established

Mother Goose Nursery Schools, Inc. v. Sendak

502 F. Supp. 1319 · District Court, N.D. Indiana · Dec 16, 1980

of are outside their authority, those charged with unconstitutional acts are entitled only to a qualified immunity. … Although it is now clear that absolute immunity is no longer a bar to suit when a constitutional violation has occurred, a qualified immunity for officials remains.

State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management LLC, a/k/a CPM Construction of Indiana

987 N.E.2d 121 · Indiana Court of Appeals · Apr 11, 2013

Dugan, 929 N.E.2d at 189 (“The designated evidence here clearly establishes that Komorowski’s statements were based on an accumulation of several years of careful personal observations and gathering of information from … Clearly, identical injuries may have radically different effects on different plaintiffs.

Cody Waldrip v. Angela Waldrip, City of Bloomington, Indiana, Monroe County, Indiana, State of Indiana

976 N.E.2d 102 · Indiana Court of Appeals · Sep 20, 2012

However, on those counts the complaint clearly refers to “the Defendants” jointly. … Even if the complaint clearly alleged that Angela was acting for her own benefit in abusing her position to obtain the protective order, thus negating immunity under Indiana Code Section 35-13-3-5(c)(5), we still must

Milan Jurich, Personal Representative of the Estate of Rade Jurich, and Rajna Jurich v. Indiana Department of Transportation

126 N.E.3d 846 · Indiana Court of Appeals · May 29, 2019

In determining what acts qualify for discretionary function immunity under the ITCA, our Supreme Court has adopted the planning- operational test. Peavler v. … The party seeking immunity has the burden of establishing that its conduct comes within the provisions of the ITCA. Id.

Indiana Board of Pharmacy v. Paul J Elmer

Indiana Court of Appeals · Mar 30, 2023

[11] Like judicial immunity, quasi-judicial immunity is absolute. Melton, 156 N.E.3d at 652–53. … Elmer has failed to establish that the Board members acted in complete absence of all jurisdiction. B.

Carol Fluhr v. Anonymous Doctor 1

Indiana Court of Appeals · May 9, 2024

[10] Thus, our analysis proceeds by determining whether Defendants can establish that no genuine issue of material fact exists and that they are immune from civil Court of Appeals of Indiana | Opinion … Thus, we have no difficulty in finding Defendants qualify for immunity here. See Mills v.

Sheets v. Indiana Department of Corrections

656 F. Supp. 733 · District Court, S.D. Indiana · Dec 31, 1986

Prison officials have been held to hold qualified immunity for their actions. Chavis v. Rowe, 643 F.2d 1281 (7th Cir.1981). … If the defendants have clearly violated the rights of others, even if not those of the plaintiffs, there can be no qualified immunity, as the defendants cannot be said to have been acting in “good faith.” Buise v.

Dietz v. Finlay Fine Jewelry Corp.

754 N.E.2d 958 · Indiana Court of Appeals · Aug 22, 2001

Because the designated evidence does not conclusively establish the reasonableness of the detention, we cannot determine whether the Shoplifting Detention Act renders Finlay and Ayres immune for false imprisonment. … Finlay and Ayres also seek immunity under a qualified privilege of common interest, which protects "communications made in good faith on any subject matter in which the party making the communication has an interest or in

Board of County Commissioners v. Arick

477 N.E.2d 112 · Indiana Court of Appeals · Apr 22, 1985

In addition, they testified that water could cause the problem, and other testimony established that it had been raining that day. … Immunity from liability.

Gaines v. Taylor

96 Ind. App. 378 · Indiana Court of Appeals · Apr 21, 1933

We think and hold that the part of said instruction, of which appellant complains, and which we have italicized in this opinion, is qualified by the balance of said instruction, and other instructions given by the court, … We hold that the instructions given in this case when considered as a whole did fairly and clearly present the law applicable thereto.