waiver of sovereign immunity (Indiana) · Go Syfert
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waiver of sovereign immunity in Indiana

5 Indiana opinions name it 2 courts 2006–2020 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 (2)

CaseFollowedCited
John G. Robb v. United Statesgreen
ca4 · 1996 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020Compare Robb v. United States, 80 F.3d 884, 887 (4th Cir. 1996) (“The FTCA, as a waiver of sovereign immunity, is strictly construed, and all ambiguities are resolved in favor of the sovereign.”), with Beloat, 50 N.E.3d at 138 (“Moreover, this Court has cautioned that discretionary immunity must be narrowly construed because it is an exception to the general rule of liability.” (internal quotation marks omitted)).

11
Campbell v. Stategreen
ind · 1972 · cited in 1 Indiana opinions naming this issue, 2006–2006
2 sentences

2006The ITCA was the legislature’s response to Campbell v. State, 259 Ind. 55, 61-62 , 284 N.E.2d 733, 736-37 (1972) which abolished sovereign immunity in Indiana for most purposes.

2006The ITCA was the legislature’s response to Campbell v. State, 259 Ind. 55, 61-62 , 284 N.E.2d 733, 736-37 (1972) which abolished sovereign immunity in Indiana for most purposes.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
City of Beech Grove v. Cathy J. Beloatgreen
ind · 2016 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020Compare Robb v. United States, 80 F.3d 884, 887 (4th Cir. 1996) (“The FTCA, as a waiver of sovereign immunity, is strictly construed, and all ambiguities are resolved in favor of the sovereign.”), with Beloat, 50 N.E.3d at 138 (“Moreover, this Court has cautioned that discretionary immunity must be narrowly construed because it is an exception to the general rule of liability.” (internal quotation marks omitted)).

11

Also cited on this issue (2)

CaseCitedYears
Suzanne E. Esserman v. Indiana Department of Environmental Management green
ind · 2017
2 sentences

2020“We will thus find a waiver of sovereign immunity only when the statute at issue contains an unequivocal affirmative statement that clearly evinces the legislature’s intention to subject the State to suit for the specific statutory claim asserted.” Id.

2019"We will ... find a waiver of sovereign immunity only when the statute at issue contains an unequivocal affirmative statement that clearly evinces the legislature's intention to subject the State to suit ...." Esserman , 84 N.E.3d at 1192 . [13] Here, the Tort Claims Act contains an unequivocal affirmative statement that clearly evinces the legislature's intention not to subject the State or local government to suit by persons, such as Buchanan, under the supervision of a governmental entity while on probation or assigned to a community corrections program.

22019–2020
cluster 786800 green
ca2 · 2004
1 sentence

2013Glotzer, 374 F.3d 184 , 4 190 (2d Cir. 2004).

12013–2013

Statutes the citing opinions construe

IN § Ind. Code § 34-13-3-3 (3) USC § 42u.s.c.1983 (3)

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 468 (1977–2026) GA 238 (1975–2026) FL 104 (1975–2026) MO 68 (1981–2025) NE 40 (1985–2024) CT 34 (1981–2024) NC 33 (1979–2026) NY 31 (1952–2025) MD 26 (1976–2026) NJ 26 (1961–2026) VA 24 (2001–2026) KY 24 (1989–2025) HI 24 (1964–2025) PA 20 (1946–2024) CA 19 (1981–2020) OK 19 (1979–2020) MA 17 (1981–2025) CO 16 (1992–2025) WA 16 (1979–2025) NM 16 (1994–2022) MS 15 (1993–2016) TN 14 (1998–2026) IL 14 (1992–2025) LA 13 (1990–2023) IA 13 (1986–2024) AK 10 (1972–2009) DE 10 (1972–2025) VT 10 (1987–2025) RI 9 (1992–2017) MT 9 (1979–2023) MN 9 (1994–2024) AR 9 (1997–2017) NH 8 (1977–2025) WI 8 (1985–2021) OH 7 (1974–2015) SC 7 (1959–2021) ID 6 (1992–2019) ME 6 (2005–2017) IN 5 (2006–2020) DC 4 (1986–2010) NV 3 (1950–1988) AZ 3 (1985–2020) SD 3 (1990–1998) KS 2 (1975–1994) AL 2 (2014–2017) UT 2 (2005–2014) VI 2 (2004–2013)

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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