official immunity (Indiana) · Go Syfert
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official immunity in Indiana

8 Indiana opinions name it 2 courts 1889–2020 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 (3)

CaseFollowedCited
Whittington v. Stategreen
ind · 1996 · cited in 2 Indiana opinions naming this issue, 2004–2020
2 sentences

2020See Price, 622 N.E.2d 954 (holding that defendant’s overall complaint, which included her statement that she had not done anything after being threatened with arrest, constituted political speech); see also Whittington, 669 N.E.2d at 1370 (discussing its earlier decision and stating: “In Price, the State conceded that Colleen Price was protesting police treatment of another citizen before an officer warned her to be quiet. 622 N.E.2d at 956-57 .

2004Although in that case a law enforcement officer was the individual giving the admo *430 nition to the defendant, the Whittington court couched the requirement in terms of an "official warning." See Whittington, 669 N.E.2d at 1370 ("[A] conviction for disorderly conduct requires proof of 'unreasonable noise' both before and after an official warning.") (emphasis supplied).

22
Price v. Stategreen
ind · 1993 · cited in 2 Indiana opinions naming this issue, 1996–2020
2 sentences

2020After the warning, her expression did shift to a defense of her own conduct, id. at 957 , but a conviction for disorderly conduct requires proof of “unreasonable noise” both before and after an official warning.

1996After the warning, her expression did shift to a defense of her own conduct, id. at 957 , but a conviction for disorderly conduct requires proof of "unreasonable noise" both before and after an official warning.

12
Pletan v. Gainesgreen
minn · 1992 · cited in 1 Indiana opinions naming this issue, 2014–2014
2 sentences

2014It is important to note, however, that the Georgia court reached its decision using the discretionary/ministerial act analysis expressly rejected by our supreme court in Peavler. 15 Finally, the School District cites Pletan v. Gaines, 494 N.W.2d 38, 44 (Minn. 1992), where the Minnesota Supreme Court held that the school district’s district-wide bus-boarding policy entitled the school district to discretionary function immunity.

2014It is important to note, however, that the Georgia court reached its decision using the discretionary/ministerial act analysis expressly rejected by our supreme court in Peavler. 15 Finally, the School District cites Pletan v. Gaines, 494 N.W.2d 38, 44 (Minn. 1992), where the Minnesota Supreme Court held that the school district’s district-wide bus-boarding policy entitled the school district to discretionary function immunity.

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 (5)

CaseCitedYears
Kelly v. Lewis green
gactapp · 1996
2 sentences

2014The Georgia Court of Appeals affirmed the trial court’s judgment granting the defendants’ motion to dismiss, noting that “ ‘making decisions requiring the means used to supervise school children is a discretionary function of a school principal,’ ” and that “the teachers’ task to monitor, supervise, and control students is a discretionary action protected by the doctrine of official immunity.” Id. (quoting Guthrie v. Irons, 211 Ga.App. 502, 506 , 439 S.E.2d 732 (1993)).

2014The Georgia Court of Appeals affirmed the trial court’s judgment granting the defendants’ motion to dismiss, noting that “ ‘making decisions requiring the means used to supervise school children is a discretionary function of a school principal,’ ” and that “the teachers’ task to monitor, supervise, and control students is a discretionary action protected by the doctrine of official immunity.” Id. (quoting Guthrie v. Irons, 211 Ga.App. 502, 506 , 439 S.E.2d 732 (1993)).

22014–2014
Guthrie v. Irons green
gactapp · 1993
2 sentences

2014The Georgia Court of Appeals affirmed the trial court’s judgment granting the defendants’ motion to dismiss, noting that “ ‘making decisions requiring the means used to supervise school children is a discretionary function of a school principal,’ ” and that “the teachers’ task to monitor, supervise, and control students is a discretionary action protected by the doctrine of official immunity.” Id. (quoting Guthrie v. Irons, 211 Ga.App. 502, 506 , 439 S.E.2d 732 (1993)).

2014The Georgia Court of Appeals affirmed the trial court’s judgment granting the defendants’ motion to dismiss, noting that “ ‘making decisions requiring the means used to supervise school children is a discretionary function of a school principal,’ ” and that “the teachers’ task to monitor, supervise, and control students is a discretionary action protected by the doctrine of official immunity.” Id. (quoting Guthrie v. Irons, 211 Ga.App. 502, 506 , 439 S.E.2d 732 (1993)).

22014–2014
Radford v. State green
indctapp · 1994
1 sentence

2000Id.

12000–2000
Muhler v. Hedekin neutral
ind · 1889
2 sentences

1982In so holding the Court stated: “We are not, however, aware of any case in which it has been held that a court of chancery might entertain a bill to enjoin the removal ■ of a municipal officer against whom charges of misconduct in office had been preferred; on the contrary, the authorities uniformly hold that proceedings in the nature of an official inquiry concerning the conduct of an officer, by a common council or other body having cognizance of the subject, the possible end being the removal of the officer, are wholly beyond the control of a court of equity.” Id. at 485 , 20 N.E. at 701 .

1982In so holding the Court stated: “We are not, however, aware of any case in which it has been held that a court of chancery might entertain a bill to enjoin the removal ■ of a municipal officer against whom charges of misconduct in office had been preferred; on the contrary, the authorities uniformly hold that proceedings in the nature of an official inquiry concerning the conduct of an officer, by a common council or other body having cognizance of the subject, the possible end being the removal of the officer, are wholly beyond the control of a court of equity.” Id. at 485 , 20 N.E. at 701 .

11982–1982
In Re Sawyer green
scotus · 1888
1 sentence

1889Thus, in In re Sawyer, 124 U. S. 200 , as is correctly stated in the head-note, it was held that the circuit court of the United States had no jurisdiction or authority to entertain a bill in equity to restrain the mayor and committee of a city in Nebraska from removing a city officer upon charges filed against him for malfeasance in office, and an injunction issued on such a bill, as well as an order committing the defendants for contempt in disregarding the injunction, was absolutely void.

11889–1889

Statutes the citing opinions construe

IN § Ind. Code § 35-45-1-3 (4)

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 429 (1979–2025) GA 139 (1902–2026) MO 120 (1979–2025) MN 96 (1988–2026) PA 38 (1913–2025) KY 25 (1989–2025) CA 19 (1956–2025) MD 12 (1990–2024) AK 12 (1987–2024) IL 12 (1917–2014) NC 11 (1996–2021) VT 10 (1970–2024) IN 8 (1889–2020) NH 8 (1985–2018) CO 7 (1985–1989) NY 7 (1890–2025) WI 6 (1980–2013) NM 5 (1987–2023) UT 5 (1996–2017) OH 5 (1978–2026) OR 4 (1917–2009) AZ 4 (1969–2021) WY 4 (1930–2012) WA 3 (1996–2021) CT 3 (2000–2021) DC 3 (1978–1998) AL 3 (1984–2007) FL 3 (1969–1985) NJ 3 (1975–2022) VA 2 (1995–2013) DE 2 (1990–2025) KS 2 (1988–2002) ND 2 (1913–1992) OK 2 (1972–1972) LA 2 (1944–1990) SD 2 (1998–1998) MA 2 (1979–2003) MI 2 (1985–2013)

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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