Case law

In Re Recombinant DNA Technology Patent & Contract Litigation

874 F. Supp. 904 · District Court, S.D. Indiana · Nov 18, 1994

Second, the Court stated that antitrust immunity was available when the challenged act constitutes action “in furtherance or implementation of clearly articulated and affirmatively expressed state policy.” Id. … of power fails to destroy UC’s Parker immunity.

Donald Snemis, Commissioner of the Ind. BMV and Melvin Wilhelm, Prosecuting Atty. v. Joseph P. Mills

Indiana Court of Appeals · Dec 30, 2014

has been prejudiced by an agency action that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … We will affirm unless the agency’s conclusions are clearly erroneous. Id.

GREENLEE

District Court, S.D. Indiana · Mar 31, 2026

Qualified Immunity Standard "[Q]ualified immunity shields officials from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional … Greenlee has not shown that he was deprived of due process under clearly established law, as required to overcome qualified immunity.

Wilson v. Isaacs

917 N.E.2d 1251 · Indiana Court of Appeals · Dec 15, 2009

We therefore conclude that the undisputed evidence established that Deputy Craven was acting within the scope of his employment. … Notwithstanding their argument to the contrary, we conclude that the evidence established that Deputy Craven was acting within the seope of his employment when the conduct occurred.

Mann v. Johnson Memorial Hospital

611 N.E.2d 676 · Indiana Court of Appeals · Apr 6, 1993

The Indiana peer review statute clearly entitles the charged health care provider to an evidentiary hearing before the medical staff,. … Medtronic (1992), Ind.App., 594 N.E.2d 448 ("Quality Assurance Council" which reviewed incident reports qualified as personnel of a peer review committee).

Horn v. Hendrickson

824 N.E.2d 690 · Indiana Court of Appeals · Mar 29, 2005

Instead, given that Britt was established law in 1987 when the statute was amended, if the legislature had intended to exclude viable unborn children from the definition of "child," it would have clearly expressed its intention … [ ] in situation" for purposes of the Equal Privileges and Immunities Clause.

Nikou v. INB National Bank

638 N.E.2d 448 · Indiana Court of Appeals · Jul 28, 1994

Qualified immunity for sources of information, such as INB, is the "guid pro quo" for full disclosure. 705 F.Supp. at 70 . … INB designated evidence to the trial court which negated Nikou's claim asserted in Count II of his complaint by establishing that, as a matter of law, it was protected by qualified immunity from civil liability for providing

Krueger v. Bailey

76 Ind. Dec. 821 · Indiana Court of Appeals · Jun 30, 1980

On the basis of certain portions of this deposition, the Kruegers claim that Herald was, clearly, a participant in a game of frisbee. … Before a statute will be declared repugnant to the Constitutions its fatal constitutional defects must be clearly apparent. ...

Savieo v. City of New Haven

824 N.E.2d 1272 · Indiana Court of Appeals · Apr 7, 2005

Because the ITCA is in derogation of the common law, we construe it narrowly against the grant of immunity. The party seeking immunity bears the burden of establishing that its conduct comes within the ITCA. … In Campbell, this Court reflected on the *1277 difficulties in distinguishing between "governmental functions" and "proprietary functions" and concluded that establishing categories of governmental immunity was best left

Bony v. Brandenburg

735 F. Supp. 913 · District Court, S.D. Indiana · Apr 4, 1990

Moreover, defendants have also shown that they are entitled to qualified immunity. … To the contrary, the only evidence before the Court establishes that the defendants acted properly and pursuant to governing regulations and standards. Thus, the defendants are also entitled to qualified immunity.

BOYKINS v. GRAY

District Court, S.D. Indiana · Jun 5, 2025

Defendants argue further that they are entitled to qualified immunity because "it is not clearly established that it is unconstitutional for an officer to use a taser to get an inmate to comply when the inmate is being … "Qualified immunity is a doctrine that protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Dubois County Bank v. City of Vincennes

517 N.E.2d 805 · Indiana Court of Appeals · Jan 12, 1988

Both the act and the manual clearly make the decision to erect traffic signs, including warning signs, discretionary. … The manual and the IND.CODE establish only two instances wherein parking is prohibited for a minimum of 20 feet. In pertinent part, IND.

Monarch Beverage Company, Inc. v. David Cook, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commission

48 N.E.3d 325 · Indiana Court of Appeals · Dec 17, 2015

Our methodology for interpreting and applying provisions of the Indiana Constitution is well established. … The party challenging the constitutionality of a statute bears the high burden of overcoming this presumption and establishing a constitutional violation, and any doubts are resolved in favor

Clinton County Ex Rel. Board of Commissioners v. Clements

945 N.E.2d 721 · Indiana Court of Appeals · Mar 18, 2011

Clements’ purported statement that it would cost Clinton County an amount in excess of $200,000 to continue using the Mana-tron software is clearly one of opinion or prediction. … An “[ajbuse of discretion will be found only when the trial court’s action is clearly erroneous, that is, against the logic and effect of the facts before it and the inferences which may be drawn therefrom.”

Jacobs v. CITY OF COLUMBUS, ETC.

454 N.E.2d 1253 · Indiana Court of Appeals · Oct 18, 1983

Other than the dicta in Seymour, we have found no case which qualifies the immunity granted in Ind. Code 34-4-16.5-3. The immunity in issue is a residue of the sovereign immunities enunciated in pre- Campbell cases. … conduct might otherwise be clearly established."

Majors v. State

773 N.E.2d 231 · Indiana Supreme Court · Aug 14, 2002

Only when the decision is clearly against the logic and effect of the facts and circumstances will this Court find an abuse of discretion.[2] Hall v. State, 760 N.E.2d 688, 689-90 (Ind. Ct. App. 2002). … circumstances of that immunity.

Knox County Property Tax Assessment Board of Appeals v. Grandview Care, Inc.

826 N.E.2d 177 · Indiana Tax Court · Apr 29, 2005

will reverse a final determination of the Indiana Board only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … Probative evidence is evidence sufficient to establish a given fact that, if not contradicted, will remain sufficient. Id. at n. 4.

W.C.B. 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 283 of the Indiana constitution.

City of Beech Grove v. Cathy J. Beloat

50 N.E.3d 135 · Indiana Supreme Court · Apr 5, 2016

The City asserted: (1) Beloat was unable to establish the cause of her injury; (2) the City was immune from liability pursuant to the ITCA’s discretionary function immunity … Whether the conduct involved establishment of plans, specifications and schedule; and f.

Roberson v. Nathanael

District Court, N.D. Indiana · May 9, 2025

Government officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory or constitutional … right, and (2) whether that right was clearly established at the time the conduct occurred.”