Significant Recent Decisions

Significant Recent Decisions

  • Swingley v. City of Muncie, 168 N.E.3d 1067 (Table) (Ind. Ct. App. 2021).  City entitled to summary judgment on negligence claim due to plaintiff failing to rebut city’s evidence that it lacked actual or constructive notice of allegedly defective condition of street.
  • Dixon v. City of Greenwood, 150 N.E.3d 1079 (Table) (Ind. Ct. App. 2020), trans. denied.  City has law enforcement immunity pursuant to the Indiana Tort Claims Act, Ind. Code § 34-13-3-3(8) for failing to guard arrestee at hospital who left hospital and held plaintiffs at gunpoint in their home.
  • City of Columbus v. Londeree, 145 N.E.3d 827 (Ind. Ct. App.  2020) (city not estopped from raising lack of tort claim notice defense based on representations by third party’s insurer) (husband’s loss of consortium claim could not proceed when wife’s personal injury was barred due to lack of tort claim notice).
  • Dollard v. Whisenand, 946 F.3d 342 (7th Cir. 2019), reh’g denied (probable cause supported arrest and prosecution of physicians and non-medical personnel employed by drug treatment program for dealing in controlled substances).
  • GEFT Outdoors, LLC v. City of Westfield, 922 F.3d 357 (7th Cir.), cert. denied sub nom. GEFT Outdoor L.L.C. v. City of Westfield, 140 S. Ct. 268 (2019).  City did not violate billboard owner’s due process rights by enforcing stop work notice and threatening owner’s representative with arrest.
  • Lovett v. Herbert, 907 F.3d 986, 993 (7th Cir. 2018).  Court had jurisdiction to hear interlocutory appeal of denial of qualified immunity, and jail officers entitled to qualified immunity on claim of estate of intoxicated pretrial detainee who suffered spinal cord injury from jumping off of top bunk.
  • 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.
  • 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.
  • Brown v. City of Indianapolis & Town of Speedway, 113 N.E.3d 244, 252 (Ind. Ct. App. 2018).  Town had no duty to repair pothole of which it had no notice, and pedestrian who walked in street and tripped on pothole when sidewalk was available was contributorily negligent barring his claim.