Case law

State Ex Rel. Ross v. Anderson

31 Ind. App. 34 · Indiana Court of Appeals · Apr 22, 1903

the privileges and immunities must be regarded as agreeing and obligating themselves to conform to the conditions and limitations expressed or fairly implied. … They must be reasonable, and “must not interfere with the vested and substantial rights of the stockholders ; and they must not be contrary to public policy or the established law of the land.”

MORRIS v. MYERS

District Court, S.D. Indiana · Aug 21, 2025

Standard for Qualified Immunity "The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … In determining whether qualified immunity applies, courts consider (1) whether the officer violated a constitutional right; and (2) whether that right was clearly established at the time of the alleged violation.

Municipal City of South Bend v. Kimsey

781 N.E.2d 683 · Indiana Supreme Court · Jan 15, 2003

Only Tippecanoe County qualified under the legislation, but the statute did not identify Tippecanoe County by name. … This may be done by presenting evidence establishing the lack of distinct characteristics, or, as in Williams, the relevant facts may be subject to judicial notice.

MULLINS v. MILLER

District Court, S.D. Indiana · Nov 13, 2023

"[Q]ualified immunity shields officials from civil liability so long as their conduct 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" … That's enough to clearly establish the right at issue. See Taylor v. Ways, 999 F.3d 478, 490 (7th Cir. 2021). Defendants Miller and Nauth therefore are not entitled to qualified immunity. ! SO ORDERED.

Malone v. Indianapolis Housing Agency

102 F. Supp. 2d 1038 · District Court, S.D. Indiana · Jan 20, 2000

time of the events in question for qualified-immunity purposes. … Bergna, 924 F.2d 1449, 1453-54 (9th Cir.1991) (applying doctrine of qualified immunity to firing of county prosecutor because it was not clearly established at the lime of the termination whether he was a "policymaker” but

Lake County Juvenile Court v. Swanson

671 N.E.2d 429 · Indiana Court of Appeals · Sep 16, 1996

The movant bears the burden of establishing the propriety of summary judgment, and all facts and inferences to be drawn therefrom are viewed in a light most favorable to the non-movant. Ramon, supra. I. … Thus, Swanson clearly appreciated the difference between official and personal capacity lawsuits.

Robison v. Dana Corp.

656 N.E.2d 540 · Indiana Court of Appeals · Oct 24, 1995

He did not establish whether the applicants may or may not have been one of a group of many qualified applicants, and generally failed to establish any evidence supporting a theory of disparate impact on the part of Dana … Evidence was presented establishing that Dana hired at least as many qualified disabled applicants as it did not hire qualified disabled applicants.

Jeffrey Hewitt v. Westfield Washington School Corp Board of School Trusties of Westfield Washington School Corp.

Indiana Court of Appeals · Dec 30, 2014

In the School’s amended answer, the School denied both claims, and asserted as affirmative defenses that Hewitt failed to mitigate his damages and that the Board Members were entitled to qualified immunity. … Further, because the School’s affirmative defense of qualified immunity requires factual determinations regarding whether or to what extent Hewitt was denied these procedural safeguards, we do not reach that issue at this

COY v. YARBER

District Court, S.D. Indiana · Sep 30, 2025

Coy's excessive force claim, the Court considers the second qualified immunity element—was the constitutional right clearly established at the time of the violation. Mr. Coy must show that Sgt. … Ivy is therefore entitled to summary judgment on the basis of qualified immunity because it was not clearly established that Sgt. Ivy's use of pepper spray was excessive. As to Sgt.

Crossno v. State

726 N.E.2d 375 · Indiana Court of Appeals · Apr 11, 2000

However, nothing in Plaintiffs complaint details how the bridge construction was negligent, and the bridge height was clearly marked load.... … The issuance of a permit to a truck driver is clearly unrelated to the State’s design, construction, and maintenance of a bridge overpass and the failure to warn via signage.

Ellis v. City of Martinsville

940 N.E.2d 1197 · Indiana Court of Appeals · Jan 11, 2011

State, 259 Ind. 55 , 284 N.E.2d 733 (1972), the Indiana Supreme Court, in concluding that "establishing categories of governmental immunity was best left to the legislature," took the step to abrogate "the common law doctrine … immunity.

City of Charlestown, Indiana v. Charlestown Pleasant Ridge Neighborhood Association Corporation, Joshua Craven, Tina Barnes, David and Ellen Keith, and Bolder Properties, LLC

111 N.E.3d 199 · Indiana Court of Appeals · Sep 10, 2018

[7] In February 2016, the City Council enacted an ordinance that established an inspection program. Appealed Order at 5 (#22). … that an injunction should issue without requiring the moving party to establish irreparable harm or greater injury.

State v. King

502 N.E.2d 1366 · Indiana Court of Appeals · Jan 29, 1987

An attached, sworn affidavit showed that the employer of King and Karnes, Celebration, qualified as a resident wholesaler, importer or distributor of fireworks, and had been issued a fireworks certificate of compliance by … Supplier is clearly allowed to raise facts and points of law pursuant to IC 35-34-1-8; however, the kinds of factual issues which can be raised by a motion to dismiss are limited.

Hirth-Krause Co. v. Cohen

177 Ind. 1 · Indiana Supreme Court · Jan 12, 1912

The owner of merchandise who is also a debtor may at once qualify himself to make a sale by discharging his indebtedness, but, if he does not, this act postpones the sale until notice is given to the creditors. … This, we think, is clearly not the ease.

Huffman v. INDIANA DEPT. OF ENVIR. MAN.

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

clearly suggested that intent. [3] *509 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 … or adversely affected" person merely by establishing that she is a citizen of the State of Indiana.

Gerald G. Gray v. Medical Licensing Board of Indiana

102 N.E.3d 917 · Indiana Court of Appeals · May 24, 2018

This evidence clearly supports the Board’s inclusion of “and other patients” in the Board’s order. We find no error. [18] Dr. … Gray] sees as a lack of an established standard of care.” (State’s Br. 35).

City of Gary v. Conat

810 N.E.2d 1112 · Indiana Court of Appeals · Jun 29, 2004

A judgment is clearly erroncous when a review of the record leaves us with the firm conviction that a mistake has been made. Id. … Our investigation into Co-nat's Complaint establishes that he conceded that Calo acted within the scope of his employment.

Abner v. State

479 N.E.2d 1254 · Indiana Supreme Court · Jun 25, 1985

The State counters, "Such self-serving jailhouse banter, resting on hearsay, is clearly suspect. It is especially significant that it is uncorroborated by a statement from the declar-ant. … -It was clearly within the trial court's discretion to discount the 'evidence' and reject the claim."

Boyd v. Smith

353 F. Supp. 844 · District Court, N.D. Indiana · Jan 24, 1973

Defendants also assert that they are immune from liability under § 1983. … Officials such as the present defendants retain only a qualified immunity, dependent on good faith action, and therefore immunity is no ground upon which to dismiss the complaint at this stage of the proceedings.

Griffin v. Department of Local Government Finance

794 N.E.2d 1171 · Indiana Tax Court · Sep 9, 2003

The general purpose was to provide cost-free emergency medical care to indigent patients who did not qualify for Medicaid. … or immunities, which, upon the same terms, shall not equally belong to all citizens."