Significant Recent Decisions
- Hoffman et al. v. Knoebel et al., 894 F.3d 836 (7th Cir. 2018) Drug court treatment director not liable for due process violations resulting from court orders to hold drug court participants pending placement, and alleged arrests by drug court director and bailiff of participants who were subjects of arrest warrants did not violate Fourth Amendment though director and bailiff lacked arrest powers under state law.
- Simpson v. Brown County, 860 F.3d 1001 (7th Cir. 2017) Contractor whose septic system installer license was revoked plausibly stated due process claim resulting from lack of pre-deprivation hearing, and contractor sufficiently alleged that common law judicial review of revocation was an inadequate post-deprivation remedy.
- Town of Knightstown v. Wainscott, 70 N.E.3d 450 (Ind. Ct. App. 2017). Owner of historic building substantially complied with notice provisions of Indiana Tort Claims Act, but there was no evidence of a contract between owner and town.
- City of Lawrence Utility Services Board v. Curry, 68 N.E.3d 581 (Ind. 2017). Municipal utility superintendent statute which contained a for-cause termination provision applicable to utility board did not allow mayor to unilaterally terminate superintendent.
- Thatcher v. City of Marion, 2016 WL 6825197 (Ind. Ct. App., Nov. 18, 2016) (unpublished). Summary judgment affirmed on the ground that the city did not have actual or constructive notice of a pothole.
- Estate of Jones v. Hancock County Bd. of Comm’rs, 55 N.E.3d 311 (Ind. Ct. App. 2016). County immune pursuant to Indiana Code § 34-13-3-3(8) for loss resulting from adoption of ordinance designated road as a through road not requiring drivers to stop where it intersected another road.
- Town of West Terre Haute v. Roach, 52 N.E.3d 4 (Ind. Ct. App. 2016). Denial of summary judgment reversed. At-will employee was not entitled to “name clearing” pre-termination hearing pursuant to Article I, Section 12 (due course of law) provision of Indiana Constitution. Town council president’s failure to speak at news conference in which employee was exonerated after investigation of missing funds was not defamatory.
- City of Beech Grove v. Beloat, 50 N.E.3d 135 (Ind 2016). Necessary proof for discretionary immunity.
- Delacruz v. Wittig, 42 N.E.3d 557 (Ind. Ct. App. 2016), trans. denied. Denial of summary judgment reversed. Counterclaim for excessive force against sheriff’s deputies who investigated disturbance at party sought affirmative relief rather than recoupment or setoff and was therefore barred by two-year statute of limitation.
- Snyder v. Town of Yorktown, 20 N.E.3d 545 (Ind. App. 2014). Upheld dismissal of property damage claim based on late tort claim notice.
- Lyons v. Richmond Community School Corp., 19 N.E.3d 354 (Ind. 2014). Affirmed summary judgment in wrongful death claim based on choking death of developmentally disabled student.
- Miller v. Central Indiana Community Foundation, Inc., 11 N.E.3d 944 (Ind. App. 2014). Affirmed summary judgment regarding defamation claims based on matters of public concern.
- Fayette County Board of Commissioners v. Price, 9 N.E.3d 640 (Ind. 2014). Finding termination of highway supervisor not subject to judicial review.
- Haskin v. City of Madison, 999 N.E.2d 1047 (Ind. App. 2013). Summary judgment affirmed on design of highway over 20 years old, not required to meet current standards.
- Local 1963 v. Madison County, 999 N.E.2d 949 (Ind. App. 2013), trans. denied, 8 N.E.3d 202 (Ind. 2014). Successfully defended county and officials from hiring claim, establishing that collective bargaining agreement impermissibly obstructed their discretion.
- Mertz v. City of Greenwood, 985 N.E.2d 1116 (Ind. App. 2013). Upholding authority of police merit commission to discipline assistant chief.