governmental entity immunity (Indiana) · Go Syfert
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governmental entity immunity in Indiana

12 Indiana opinions name it 2 courts 1980–2026 1 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 (3)

CaseFollowedCited
Becker v. Kreileingreen
ind · 2002 · cited in 2 Indiana opinions naming this issue, 2013–2013
2 sentences

2013See Becker v. Kreilein, 770 N.E.2d 315, 318 (Ind. 2002) (stating that aforementioned five exceptions “are the only bases for establishing a duty of care by a principal who acts through an independent contractor”).

2013See Becker v. Kreilein, 770 N.E.2d 315, 318 (Ind.2002) (stating that aforementioned five exceptions “are the only bases for establishing a duty of care by a principal who acts through an independent contractor”).

22
Clifford and Judith Ann Garrett v. Paul and Linda Speargreen
indctapp · 2013 · cited in 1 Indiana opinions naming this issue, 2026–2026
1 sentence

2026See Garrett v. Spear, 998 N.E.2d 297 , 304 n.5 (Ind. Ct. App. 2013) (summarizing doctrine of title by acquiescence).

11
Governmental Interinsurance Exchange v. Khayyatagreen
indctapp · 1988 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000Governmental Interinsurance Exchange v. Khayyata, 526 N.E.2d 745, 747 (Ind.Ct.App.1988).

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 (7)

CaseCitedYears
Barnes v. Antich green
indctapp · 1998
2 sentences

2012We acknowledge that this point appears to have been rendered moot by the passage of subsection (18) of Ind. Code § 34-4-16.5 -3 [now Ind. Code § 34-13-3-3 (19)], which grants a governmental entity immunity under the Tort Claims Act for the operation of ―an enhanced emergency communication [or ‗911‘] system.‖ Accord Barnes v. Antich, 700 N.E.2d 262 , 266 n.6 (Ind. Ct. App. 1998) (holding that ―a plain reading of Ind. Code 34-4-16.5-3(18) leads inescapably to the conclusion that the legislature intended to afford immunity from claims arising out of a municipality‘s operation and use of [a ‗911‘

2012We acknowledge that this point appears to have been rendered moot by the passage of subsection (18) of Ind.Code § 34-4-16.5-3 [now Ind.Code § 34-13-3-3(19)], which grants a governmental entity immunity under the Tort Claims Act for the operation of “an enhanced emergency communication [or '911] system.” Accord Barnes v. Antich, 700 N.E.2d 262 , 266 n. 6 (Ind.Ct.App.1998) (holding that "a plain reading of Ind. Code 34-4-16.5-3(18) leads inescapably to the conclusion that the legislature intended to afford immunity from claims arising out of a municipality’s operation and use of [a ‘911’ service

31999–2012
Benton v. City of Oakland City green
ind · 1999
2 sentences

2012Benton, 721 N.E.2d at 231 n.12. 17 town‘s motion for summary judgment on the basis of common law immunity for firefighting, and we affirmed.

2012Benton, 721 N.E.2d at 231 n. 12. .

22012–2012
City of Tell City v. Noble green
indctapp · 1986
2 sentences

1988It provides in pertinent part as follows: A governmental entity or an employee acting within the scope of his employment is not liable if a loss results from: * L * #k Ld % (6) The performance of a discretionary function; In City of Tell City v. Noble (1986), Ind.App., 489 N.E.2d 958 , trons. denied, this court decided whether the decision by a governmental entity to erect traffic control devices at a particular location is a discretionary act, thus affording the governmental entity immunity under the above statute.

1986CODE 34-4-16.5-8, reads in pertinent part as follows: "A governmental entity or an employee acting within the scope of his employment is not liable if a loss results from: # * a a LJ # (6) the performance of a discretionary function; (7) the adoption and enforcement of or failure to adopt or enforce a law (including rules and regulations), unless the act of enforcement constitutes false arrest or false imprisonment...." Subsequent to the trial in the instant case, this court rendered its decision in City of Tell City v. Noble, supra. In Tell City, supra, this court decided the question of whet

21986–1988
Hinshaw v. Board of Com'rs of Jay County green
ind · 1993
1 sentence

2018Indiana Code Section 34-13-3-3(10) would be useless in situations involving an independent contractor if it did not apply to non-delegable duties, and we "presume that the legislature did not enact a useless provision." Hinshaw , 611 N.E.2d at 638 .

12018–2018
Brown v. Alexander green
indctapp · 2007
1 sentence

2012Id.

12012–2012
Geyer v. City of Logansport green
ind · 1977
2 sentences

1980Geyer v. City of Logansport (1977), 267 Ind. 334 , 370 N.E.2d 333, 337 ; England v. City of Richmond (7th Cir. 1969), 419 F.2d 1156 .

1980Geyer v. City of Logansport (1977), 267 Ind. 334 , 370 N.E.2d 333, 337 ; England v. City of Richmond (7th Cir. 1969), 419 F.2d 1156 .

11980–1980
Raymond England v. The City of Richmond, Indiana neutral
ca7 · 1969
2 sentences

1980Geyer v. City of Logansport (1977), 267 Ind. 334 , 370 N.E.2d 333, 337 ; England v. City of Richmond (7th Cir. 1969), 419 F.2d 1156 .

1980Geyer v. City of Logansport (1977), 267 Ind. 334 , 370 N.E.2d 333, 337 ; England v. City of Richmond (7th Cir.1969), 419 F.2d 1156 .

11980–1980

Statutes the citing opinions construe

IN § Ind. Code § 34-13-3-3 (6)

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 70 (1988–2025) WA 14 (1988–2021) IN 12 (1980–2026) MS 7 (1998–2018) NC 6 (2000–2026) CA 4 (2004–2007) ME 4 (1988–2020) SC 3 (1999–2020) VA 3 (2012–2016) CO 2 (2007–2018) DE 2 (2023–2023) ID 2 (1990–2013) PA 2 (1989–1993) MI 2 (1997–2012) NM 2 (1987–1987) WY 2 (1996–2022) TN 2 (1999–2018)

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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