Case law

Newman v. State

263 Ind. 569 · Indiana Supreme Court · Oct 3, 1975

In the case before us it appears that the omission as to the immunity granted was inadvertent. … But the testimony of each witness clearly was intended to reinforce the testimony of the other. The credibility of one witness would have an effect on the strength of the testimony offered by the other.

Wright v. Mount Auburn Daycare/Preschool

831 N.E.2d 158 · Indiana Court of Appeals · Jul 15, 2005

The Court concludes that the findings would be opinions subject to immunity. This is not to say that the findings enjoy unqualified immunity. As already recognized in Hutchinson v. … A trial court abuses its discretion when its decision is clearly against the logic and effect of the facts and cireamstances before it. Id. at 470-71 .

Stout v. Tippecanoe County Department of Public Welfare

182 Ind. App. 404 · Indiana Court of Appeals · Oct 15, 1979

The party seeking summary judgment must establish the absence of a material factual dispute. … Thus, Stouts’ failure to establish that consent entitled the Department to a judgment as a matter of law. I.

INDIANA CIVIL RIGHTS COM'N v. Kidd & Co., Inc.

505 N.E.2d 863 · Indiana Court of Appeals · Apr 8, 1987

Instead, Kidd laid her off, saying she was not qualified to drive solo. … Finding No. 17 reads, in part, as follows: Clearly, the majority of the mileage driven is highway mileage and most of that on freeways with at least four (4) lanes.

In Re Direct Contempt of Caito

459 N.E.2d 1179 · Indiana Supreme Court · Feb 29, 1984

of reviewing direct contempt proceedings requires this Court to accept as true the statement entered of record by the lower court of the matter constituting the contempt, and to interfere with the judgment only where it clearly … establishing that they had an independent, legitimate source for the disputed evidence."

D.L., Glen Black, Ann Black, Steven Lucas, and K.L., by her Next Friend, D.L. v. Christine Huck, Laura Zimmerman, Angela Smith Grossman, Rhonda Friend, Angyl McClaine, and Indiana Dept. of Child Svcs.

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.

Lohmiller v. State

884 N.E.2d 903 · Indiana Court of Appeals · Apr 22, 2008

record, one CHIRP agreement, 3 one tuberculosis test record, and one tetanus immunization record. … An abuse of discretion occurs if the court’s decision is clearly against the logic and effects of the facts and circumstances before it.

Methodist Hospitals, Inc. v. Lake County Property Tax Assessment Board of Appeals

862 N.E.2d 335 · Indiana Tax Court · Jan 10, 2007

The question before this Court is whether Methodist made a prima facie case that the PCAs qualify for a charitable purposes exemption. … DISCUSSION AND ANALYSIS On appeal, Methodist maintains that the Indiana Board clearly erred in determining that the PCAs did not qualify for a charitable purposes exemption as they “[provide] primary care services as part

M.C. v. Marion County Department of Child Services

905 N.E.2d 456 · Indiana Court of Appeals · Apr 28, 2009

Findings are clearly erroneous when the record contains no facts to support them either directly or by inference, and a judgment is clearly erroneous if it relies on an incorrect legal standard. Id. … Mother further contends that the juvenile court erred by ordering her to establish paternity because paternity had already been established in August 2007.

Blue v. State Ex Rel. Brown

206 Ind. 98 · Indiana Supreme Court · Jan 23, 1934

Stat. 1934, and she further alleges that unless an appropriation is made and the qualified voters duly registered under and pursuant to the terms of said law, she and all other qualified voters of said county will be disfranchised … Brummit , *103 supra, decided that one who obtains a decree enjoining the construction of a drain established under an order alleged to be void for want of jurisdiction, is estopped to assert in another suit that the board

Ledbetter v. Hunter

842 N.E.2d 810 · Indiana Supreme Court · Feb 22, 2006

Nevertheless, Collins clearly emphasized our anticipation that "our independent state privileges and immunities jurisprudence will evolve in future cases facing Indiana courts to as- sure and extend protection to all Indiana … The presumption of constitutionality continues unless "clearly overcome" by a con- trary showing.

LOCKETT

District Court, S.D. Indiana · Aug 24, 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 … Bashua argues that he is entitled to qualified immunity because there are no closely analogous cases clearly establishing that a correctional officer would violate the Eighth Amendment by briefly closing the cuff port on

Turpin v. State

272 Ind. 629 · Indiana Supreme Court · Feb 22, 1980

In the instant case, the destruction of the exculpatory statement did not preclude defendant from showing its materiality, since the fact that he made such a statement and its approximate contents were clearly brought out … The presence of the gun in the room was relevant to establishing the threat of force. There was no error in the admission of this evidence.

Marozsan v. United States

849 F. Supp. 617 · District Court, N.D. Indiana · Feb 22, 1994

The Supreme Court established the doctrine of qualified immunity in Harlow v. Fitzgerald, 457.U.S. 800, 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … To defeat a qualified immunity defense, a plaintiff bears the burden of demonstrating that “the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions or, ... the law

SAINTIGNON

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

Yarber assert that they are entitled to qualified immunity because it was not clearly established that their actions violated the Constitution. … Saintignon does not address qualified immunity at all. See dkt. 52; Villalobos v.

JAW v. State

687 N.E.2d 1202 · Indiana Supreme Court · Nov 21, 1997

A court should (1) establish a presumption as to a public entity's status, (2) balance five general "[i]ndicators of immunity," 513 U.S. at 44 , 115 S.Ct. at 402 , and, if these indicators point *1206 in different directions … indicators of immunity to see if they consistently support or contradict the presumptive immunity status.

Maroon v. State, Department of Mental Health

78 Ind. Dec. 687 · Indiana Court of Appeals · Oct 14, 1980

Is the State of Indiana immune from liability under Ind.Code 34-4-16.5-3(9)? … Except as provided by its legislature, Illinois endéd its sovereign immunity by constitutional amendment in 1972, Illinois Constitution, Article 13, Section 4, and established the Illinois Court of Claims with exclusive jurisdiction

Town of Chandler v. Indiana-American Water Co.

892 N.E.2d 1264 · Indiana Court of Appeals · Sep 8, 2008

Section 14 provides that a municipality “may regulate the furnishing of water to the public” and may “establish, maintain, and operate waterworks.” … In this second motion to dismiss, Chandler argued that H.E.A. 1722 amended Indiana Code section 8-1-2-86.5 to clearly remove Chandler from the jurisdiction of the Commission.

Bolivar Twp. Bd. of Fin. of Benton Co. v. Hawkins

207 Ind. 171 · Indiana Supreme Court · Jun 28, 1934

And, as in all other cases involving the validity of statutes, all reasonable doubts are to be resolved in favor of upholding the validity of legislation establishing a classification. 12 C. J. 1129-1130. … Municipal corporations are mere instrumentalities of the State, for the convenient administration of government; and their powers may be qualified, enlarged or withdrawn at the pleasure of the legislature.”

McFeely v. United States

700 F. Supp. 414 · District Court, S.D. Indiana · Nov 18, 1988

The JROTC unit to which Cadet Hehman was attached was established and administered by Indianapolis Public Schools (“IPS”). … Such testimony is clearly hearsay under Fed.R. Evid. 801.