law sovereign immunity (Indiana) · Go Syfert
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law sovereign immunity in Indiana

5 Indiana opinions name it 2 courts 2001–2014 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Benton v. City of Oakland Citygreen
ind · 1999 · cited in 4 Indiana opinions naming this issue, 2001–2014
2 sentences

2014Benton, 721 N.E.2d at 227 (emphasis added)..

2001Recently, the Indiana Supreme Court clarified the doctrine of common law sovereign immunity in Benton v. City of Oakland City, Indiana, 721 N.E.2d 224 (Ind.1999).

34
Harrison v. Veolia Water Indianapolis, LLCgreen
indctapp · 2010 · cited in 3 Indiana opinions naming this issue, 2014–2014
2 sentences

2014Harrison v. Veolia Water Indianapolis, LLC, 929 N.E.2d 247, 251 (Ind.Ct.App.2010) ("In response to Campbell [ 259 Ind. 55 , 284 N.E.2d 733 (1972) ], the General Assembly enacted [the] ITCA in 1974"), trans. denied; Gary Cmty. School Corp. v. Boyd, 890 N.E.2d 794, 799 (Ind.Ct.App.2008), trans. denied.

2014Harrison v. Veolia Water Indianapolis, LLC, 929 N.E.2d 247, 251 (Ind.Ct.App. 2010) (“In response to Campbell [ 259 Ind. 55 , 284 N.E.2d 733 (1972) ], the General Assembly enacted [the] ITCA in 1974”), trans. denied; Gary Cmty. School Corp. v. Boyd, 890 N.E.2d 794, 799 (Ind.Ct.App. 2008), trans. denied.

33
Barnum v. Rural Fire Protection Companygreen
arizctapp · 1975 · cited in 3 Indiana opinions naming this issue, 2014–2014
2 sentences

2014As noted by the court in Barnum, [what will bring into existence a duty to the individual will of course depend on the facts of each case: Simply stated, there are situations where a government, or agency thereof, can by its conduct, narrow an obligation owing to the general public into a special duty to an individual, for the breach of which it is responsive in damages. 537 P.2d at 621 (internal citation omitted).

2014As noted by the court in Barnum, [w]hat will bring into existence a duty to the individual will of course depend on the facts of each case: Simply stated, there are situations where a government, or agency thereof, can by its conduct, narrow an obligation owing to the general public into a special duty to an individual, for the breach of which it is responsive in damages. 537 P.2d at 621 (internal citation omitted).

33
Gary Community School Corp. v. Boydgreen
indctapp · 2008 · cited in 3 Indiana opinions naming this issue, 2014–2014
2 sentences

2014Harrison v. Veolia Water Indianapolis, LLC, 929 N.E.2d 247, 251 (Ind.Ct.App.2010) ("In response to Campbell [ 259 Ind. 55 , 284 N.E.2d 733 (1972) ], the General Assembly enacted [the] ITCA in 1974"), trans. denied; Gary Cmty. School Corp. v. Boyd, 890 N.E.2d 794, 799 (Ind.Ct.App.2008), trans. denied.

2014Harrison v. Veolia Water Indianapolis, LLC, 929 N.E.2d 247, 251 (Ind.Ct.App. 2010) (“In response to Campbell [ 259 Ind. 55 , 284 N.E.2d 733 (1972) ], the General Assembly enacted [the] ITCA in 1974”), trans. denied; Gary Cmty. School Corp. v. Boyd, 890 N.E.2d 794, 799 (Ind.Ct.App. 2008), trans. denied.

23
Campbell v. Stategreen
ind · 1972 · cited in 4 Indiana opinions naming this issue, 2009–2014
2 sentences

2014The City is Entitled to Common Law Sovereign Immunity on Claims Regarding the Adequacy of the Water Supply As the Court of Appeals recognized, this Court abrogated the common law sovereign immunity of governmental units from tort liability in a series of decisions culminating with Campbell v. State, 259 Ind. 55 , 284 N.E.2d 733 (1972). 6 After Campbell governmental units are liable for their torts except: (1) where a city or state fails to provide adequate police protection to prevent crime. ... (2) where a state official makes an appointment of an individual whose incompetent performance give

2014The City is Entitled to Common Law Sovereign Immunity on Claims Regarding the Adequacy of the Water Supply As the Court of Appeals recognized, this Court abrogated the common law sovereign immunity of governmental units from tort liability in a series of decisions culminating with Campbell v. State, 259 Ind. 55 , 284 N.E.2d 733 (1972). 6 After Campbell governmental units are liable for their torts except: (1) where a city or state fails to provide adequate police protection to prevent crime. ... (2) where a state official makes an appointment of an individual whose incompetent performance give

14
Burns v. City of Terre Hautegreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2009–2009
1 sentence

2009Burns v. City of Terre Haute, 744 N.E.2d 1038, 1040 (Ind.Ct.App.2001) (discussing Campbell v. State, 259 Ind. 55 , 284 N.E.2d 733, 737 (1972)), trans. denied.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Statutes the citing opinions construe

IN § Ind. Code § 34-13-3-3 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 7 (2003–2021) IN 5 (2001–2014) MD 4 (1982–2007) MA 3 (1983–1984) MS 2 (1988–1992) MO 2 (1985–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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