conduct is within immunity (Indiana) · Go Syfert
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conduct is within immunity in Indiana

17 Indiana opinions name it 2 courts 2000–2026 3 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 (7)

CaseFollowedCited
Oshinski v. Northern Indiana Commuter Transportation Districtgreen
indctapp · 2006 · cited in 6 Indiana opinions naming this issue, 2007–2015
2 sentences

2007Pursuant to the ITCA, "governmental entities can be subjected to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA." Id. at 543-44 ; Richardson v. Salaam, 726 N.E.2d 888, 893 (Ind.Ct.App.2000), trans. denied.

2007Pursuant to the ITCA, “governmental entities can be subjected to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.” Id. at 543-44 ; Richardson v. Salaam, 726 N.E.2d 888, 893 (Ind.Ct.App.2000), trans. denied.

46
City of Beech Grove v. Cathy J. Beloatgreen
ind · 2016 · cited in 3 Indiana opinions naming this issue, 2019–2026
2 sentences

2026Pursuant to the Indiana Tort Claims Act, “governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by” Indiana Code section 34-13-3-3. 5 City of Beech Grove v. Beloat, 50 N.E.3d 135, 138 (Ind. 2016) (quoting Veolia Water Indianapolis, LLC v. Nat’l Tr.

2023“Indiana has long held that the government ‘has a common law duty to exercise reasonable care and diligence to keep its streets and sidewalks in a reasonably safe condition for travel.’” Ladra v. State, 177 N.E.3d 412 , 415 (Ind. 2021) (quoting Catt v. Bd. of Comm’rs of Knox Cnty., 779 N.E.2d 1, 3-4 (Ind. 2002)). “‘Pursuant to the ITCA, governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.’” City of Beech Grove v. Beloat, 50 N.E.3d 135, 138 (Ind. 2016) (quoting Veolia Water Indianapolis, LLC v. Nat’l

23
Veolia Water Indianapolis, LLC v. National Trust Insurance Co.green
ind · 2014 · cited in 3 Indiana opinions naming this issue, 2016–2023
2 sentences

2019Co. , 3 N.E.3d 1 , 5 (2014), summarily aff'd on reh'g , 12 N.E.3d 240 (Ind. 2014) ). [21] " 'Pursuant to the ITCA, governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.' " City of Beech Grove v. Beloat , 50 N.E.3d 135 , 138 (Ind. 2016) (quoting Veolia Water , 3 N.E.3d at 5 ).

2019Co. , 3 N.E.3d 1 , 5 (2014), summarily aff'd on reh'g , 12 N.E.3d 240 (Ind. 2014) ). [21] " 'Pursuant to the ITCA, governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.' " City of Beech Grove v. Beloat , 50 N.E.3d 135 , 138 (Ind. 2016) (quoting Veolia Water , 3 N.E.3d at 5 ).

23
Richardson v. Salaamgreen
indctapp · 2000 · cited in 2 Indiana opinions naming this issue, 2006–2007
2 sentences

2007Pursuant to the ITCA, "governmental entities can be subjected to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA." Id. at 543-44 ; Richardson v. Salaam, 726 N.E.2d 888, 893 (Ind.Ct.App.2000), trans. denied.

2007Pursuant to the ITCA, “governmental entities can be subjected to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.” Id. at 543-44 ; Richardson v. Salaam, 726 N.E.2d 888, 893 (Ind.Ct.App.2000), trans. denied.

22
Milan Jurich, Personal Representative of the Estate of Rade Jurich, and Rajna Jurich v. Indiana Department of Transportationgreen
indctapp · 2019 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026“Pursuant to the ITCA, governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.” Jurich v. Ind. Dep’t of Transp., 126 N.E.3d 846, 855 (Ind. Ct. App. 2019) (internal quotation omitted, brackets in original), trans. denied.

11
Catt v. Board of Com'rs of Knox Countygreen
ind · 2002 · cited in 1 Indiana opinions naming this issue, 2023–2023
1 sentence

2023“Indiana has long held that the government ‘has a common law duty to exercise reasonable care and diligence to keep its streets and sidewalks in a reasonably safe condition for travel.’” Ladra v. State, 177 N.E.3d 412 , 415 (Ind. 2021) (quoting Catt v. Bd. of Comm’rs of Knox Cnty., 779 N.E.2d 1, 3-4 (Ind. 2002)). “‘Pursuant to the ITCA, governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.’” City of Beech Grove v. Beloat, 50 N.E.3d 135, 138 (Ind. 2016) (quoting Veolia Water Indianapolis, LLC v. Nat’l

11
Flynn v. Indiana Bureau of Motor Vehiclesgreen
indctapp · 1999 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000See Flynn v. Indiana Bureau of Motor Vehicles, 716 N.E.2d 988, 990 (Ind.Ct.App.1999), 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.

Also cited on this issue (3)

CaseCitedYears
Gary Community School Corp. v. Boyd green
indctapp · 2008
2 sentences

2014"Pursuant to the TITCA, 'governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.'" Id. (internal citation omitted).

2014“Pursuant to the ITCA, ‘governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.’ ” Id. (internal citation omitted).

32014–2014
Brown v. Alexander green
indctapp · 2007
2 sentences

2009"Pursuant to the ITCA, 'governmental entities can be subjected to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA" Brown, 876 N.E.2d at 380 (quoting Oshinski v. N. Ind. Commuter Transp.

2008“Pursuant to the ITCA, ‘governmental entities can be subjected to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.’ ” Id. (quoting Oshinski v. N. Ind. *800 Commuter Transp.

32008–2009
In re Cole neutral
ind · 2014
1 sentence

2019Co. , 3 N.E.3d 1 , 5 (2014), summarily aff'd on reh'g , 12 N.E.3d 240 (Ind. 2014) ). [21] " 'Pursuant to the ITCA, governmental entities can be subject to liability for tortious conduct unless the conduct is within an immunity granted by Section 3 of [the] ITCA.' " City of Beech Grove v. Beloat , 50 N.E.3d 135 , 138 (Ind. 2016) (quoting Veolia Water , 3 N.E.3d at 5 ).

12019–2019

Statutes the citing opinions construe

IN § Ind. Code § 34-13-3-3 (14)

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.

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