Case law

City of Indianapolis v. Sturdevant

24 Ind. 391 · Indiana Supreme Court · May 15, 1865

It would be difficult to employ language which would more clearly cover the case before us. … By the term “institution” is understood a permanent establishment, as contradistinguished from an enterprise of a temporary character.

In Re Evrard

263 Ind. 423 · Indiana Supreme Court · Nov 1, 1974

In summation, we must clearly delineate the authority, responsibilities and duties implicit in sections 4, 7 and 13 of Article 7. … Rabb to qualify and to set a date for hearing as soon as possible after January 1,1975.

State v. Williams

211 Ind. 186 · Indiana Supreme Court · Feb 10, 1937

They are clearly distinct. The nature and cause of a criminal prosecution is sufficiently averred by charging the crime alleged to have been committed. This must be done. … The purpose of the dental statute is to prevent anyone from practicing dentistry who is not duly licensed and qualified, and anyone who is not so qualified can neither directly nor indirectly practice dentistry.

City of Fort Wayne v. Coombs

107 Ind. 75 · Indiana Supreme Court · Jun 16, 1886

It is, indeed, doubtful Avhether a municipal corporation can stipulate for immunity from the consequences of a breach of duty; but, hoAvever this may be, it is quite clear that where there is, as here, no such stipulation … There can be no doubt, therefore, that he was qualified to testify as an expert.

City of Hammond v. Cipich Ex Rel. Skowronek

788 N.E.2d 1273 · Indiana Court of Appeals · May 30, 2003

The water department claimed governmental immunity. … Although our application of the Benton decision established new precedent, we were careful to note that our decision was entirely consistent with the long recognized common law rule that a municipality is immune from liability

Kadambi v. Express Scripts, Inc.

86 F. Supp. 3d 900 · District Court, N.D. Indiana · Feb 5, 2015

The Indiana legislature states quite clearly when it intends to create an explicit right of action. See Ind. … The plaintiffs first argue that section 25-26-13-16 provides civil immunity to a pharmacist if the refusal to honor a prescription is made in good faith and that this immunity “would be unnecessary if the statute did not

City of Hammond v. Cataldi

449 N.E.2d 1184 · Indiana Court of Appeals · Jun 23, 1983

Our Supreme Court has stated: "Clearly, the employment and supervision of deputies and employees in governmental offices, including the prosecutor's office, is a discretionary function." Foster v. … It is well-established that "liability to an individual for damages will not lie where the officer or the public body owes a duty to the general public as a whole, but it is not shown that the officer or public body owes

Indiana Department of State Revenue v. Farm Credit Services of Mid-America

734 N.E.2d 551 · Indiana Supreme Court · Sep 1, 2000

While this statute authorizes such mergers, it does not establish what the tax implications are for the resulting ACA. … The Corporation will not be an agency or establishment of the United States Government. Id. (emphasis added). .

Sidle v. Majors

264 Ind. 206 · Indiana Supreme Court · Feb 16, 1976

The premise has considerable validity, and the leaning of this Court is discernible from our holdings in recent cases abolishing the doctrines of interspousal immunity, 8 charitable immunity, 9 and governmental immunity. … The Kentucky Court stated that the guest act clearly contravened the aforementioned constitutional provision allowing damages for deaths caused by negligence.

Jamestown Homes of Mishawaka, Inc. v. St. Joseph County Assessor

909 N.E.2d 1138 · Indiana Tax Court · Jul 24, 2009

Clearly, James town's provision of affordable housing to moderate and low-income individuals helps to alleviate this shortage and relieves [their] want of having a safe and clean place to live. … There is nothing in the record which indicates that any are welfare clients, or are permitted to occupy apartments without payment of the established rental.

Lora Hoagland, On Behalf of Herself and All Others Similarly Situated v. Franklin Township Community School Corp.

27 N.E.3d 737 · Indiana Supreme Court · Mar 24, 2015

This Court has neither the ability nor the duty to establish requirements for this system of common schools, aside from determining when an action clearly violates a constitutional mandate. … In Bonner, plaintiffs sought a declaratory judgment to establish that the Education Clause imposes a duty upon the state to establish a standard for quality education in public schools. Id. at 518.

Bowlds

District Court, N.D. Indiana · Sep 3, 2026

Qualified Immunity A qualified immunity defense involves two related questions. The court may first examine whether the official violated a federal right. … Lieutenant Persinger and Sergeant Meeks are protected by qualified immunity because Plaintiff fails to establish the unlawfulness of their use of force.5 Even 5 Defendants’ argument as to Lieutenant Persinger and Sergeant

Januchowski v. Northern Indiana Commuter Transportation District

905 N.E.2d 1041 · Indiana Court of Appeals · May 7, 2009

The governmental entity seeking to establish immunity bears the burden of proving that its conduct comes within the ITCA. Peavler v. Monroe County Bd. of Comm'rs, 528 N.E.2d 40, 46 (Ind.1988). … We have held that Indiana's qualified consent to suit applies to FELA claims because FELA claims are tort claims. 6 Oshinski, 843 N.E.2d at 544 .

Angelique Lockett and Lanetra Lockett v. Planned Parenthood of Indiana, Inc., and Cathy McGee

42 N.E.3d 119 · Indiana Court of Appeals · Aug 17, 2015

[35] The Locketts first argue that the HCCA does not apply in this case because the HCCA “is clearly meant to provide health care providers some measure of immunity for their actions when relying on third … [52] On summary judgment, if the movant carries its burden to establish entitlement to judgment as a matter of law, the burden shifts to the non-movant to present evidence establishing the existence of

Jackson v. Jones

804 N.E.2d 155 · Indiana Court of Appeals · Feb 27, 2004

In insurance policies, "an ambiguity is not affirmatively established simply because controversy exists and one party asserts an interpretation contrary to that asserted by the opposing party." Beam v. Wausau Ins. … uninsured motorist coverage pursuant to the Financial Re *159 sponsibility Act, IC 9-25-2-3, 2 and the requirements for uninsured and underin-sured motorist coverage, ICG 27-7-5-2, 3 the City of Indianapolis is statutorily immune

Drake Ex Rel. Drake v. Mitchell Community Schools

649 N.E.2d 1027 · Indiana Supreme Court · May 10, 1995

The trial court granted summary judgment in favor of the School under the governmental immunity provisions of the Indiana Tort Claims Act, Ind.Code § 34-4-16.5-8(11), and in favor of the Bank under the IRUS immunity provi … of more comprehensive import, the general words shall be construed as embracing only such persons, places, and things as are of like kind or class to those designated by the specific words, unless a contrary intention is clearly

Wsk v. Mhsb

922 N.E.2d 671 · Indiana Court of Appeals · Mar 10, 2010

W.S.K. clearly established the first element—he is African-American. The second element—W.S.K.'s qualifications—was the subject of discussion at oral argument. … Therefore, W.S.K. *689 did not establish that he was qualified for privileges at M.H.S.B.

Weldon v. Universal Reagents, Inc.

714 N.E.2d 1104 · Indiana Court of Appeals · Jul 19, 1999

The fact that medical doctors examined her, conducted evaluations of her, and made notations of her medical reaction to the diet did not establish a physician-patient relationship. … Biedron, 667 N.E.2d 752 (Ind.1996), relied upon by Appellee in its said Motion to Vacate are clearly distinguishable.

Klepinger v. Board of Comm.

143 Ind. App. 155 · Indiana Court of Appeals · Jul 26, 1968

The Flowers case clearly demonstrates that a distinction should now be made between the governmental and proprietary functions of counties on the same basis as it is made for cities. … Fortune, 3 Fla. 19 , the Men of Devon decision was very clearly explained and distinguished.

Klepinger v. Bd. of Comm. Co. of Miami

143 Ind. App. 178 · Indiana Court of Appeals · Jul 26, 1968

The Flowers case clearly demonstrates that a distinction should now be made between the governmental and proprietary functions of counties on the same basis as it is made for cities. … Fortune, 3 Fla. 19 , the Men of Devon decision was very clearly explained and distinguished.