civil rights claim (Indiana) · Go Syfert
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civil rights claim in Indiana

7 Indiana opinions name it 1 courts 1988–1999 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
Kellogg v. City of Garygreen
ind · 1990 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999See Kellogg v. City of Gary, 562 N.E.2d 685 ; Werblo v. Board of Trustees of Hamilton Heights School Corp., 537 N.E.2d 499 (Ind.1989) (tort claims notice not applicable to a teacher’s civil rights claim against school district which arose from her discharge); George v. Hatcher, 527 N.E.2d 199 (Ind.Ct.App.1988) (the supremacy clause preempts ITCA tort claim rules in a § 1983 action).

11
Raymond G. Nydam v. Joseph Lennerton, Jr., Etc., and Joseph F. Fontaine, Etc.green
ca1 · 1991 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996See also Nydam v. Lennerton, 948 F.2d 808 (1st Cir.1991) (awarding attorney fees for criminal defense of plaintiff and negligence action because these claims were related to the civil rights action and arose from the same common core of facts as the civil rights claim).

11
Spencer v. McGonaglegreen
ind · 1886 · cited in 1 Indiana opinions naming this issue, 1991–1991
2 sentences

1991See, eg., Spencer v. McGonagle (1886), 107 Ind. 410 , 8 N.E. 266 , (a judgment of the court, having subject-matter jurisdiction, ordering the delivery of all property of an intestate married man to his widow, and not to her in trust for his minor children as provided by the statute then in effect, 1 Rev.St.1876, p. 411, § 19, while palpably erroneous, was not void, and could not be collaterally attacked).

1991See, eg., Spencer v. McGonagle (1886), 107 Ind. 410 , 8 N.E. 266 , (a judgment of the court, having subject-matter jurisdiction, ordering the delivery of all property of an intestate married man to his widow, and not to her in trust for his minor children as provided by the statute then in effect, 1 Rev.St.1876, p. 411, § 19, while palpably erroneous, was not void, and could not be collaterally attacked).

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
DeShaney v. Winnebago County Department of Social Services green
scotus · 1989
2 sentences

1995More importantly J.A.W. forwarded a cover letter along with the complaint which dictated among other things "[slince the claim against the Department is a civil rights claim based upon DeShaney [v. Winnebago County Dept. of Social Servs., 489 U.S. 189 , 109 S.Ct. 998 , 103 L.Ed.2d 249 (1989) ], the Indiana Torts Claim notice requirement does not apply." Record at 491.

1995More importantly J.A.W. forwarded a cover letter along with the complaint which dictated among other things "[slince the claim against the Department is a civil rights claim based upon DeShaney [v. Winnebago County Dept. of Social Servs., 489 U.S. 189 , 109 S.Ct. 998 , 103 L.Ed.2d 249 (1989) ], the Indiana Torts Claim notice requirement does not apply." Record at 491.

21995–1995
George v. Hatcher green
indctapp · 1988
1 sentence

1999See Kellogg v. City of Gary, 562 N.E.2d 685 ; Werblo v. Board of Trustees of Hamilton Heights School Corp., 537 N.E.2d 499 (Ind.1989) (tort claims notice not applicable to a teacher’s civil rights claim against school district which arose from her discharge); George v. Hatcher, 527 N.E.2d 199 (Ind.Ct.App.1988) (the supremacy clause preempts ITCA tort claim rules in a § 1983 action).

11999–1999
Werblo v. BD. OF TRUSTEES OF HAMILTON HEIGHTS SCHOOL CORP. green
ind · 1989
1 sentence

1999See Kellogg v. City of Gary, 562 N.E.2d 685 ; Werblo v. Board of Trustees of Hamilton Heights School Corp., 537 N.E.2d 499 (Ind.1989) (tort claims notice not applicable to a teacher’s civil rights claim against school district which arose from her discharge); George v. Hatcher, 527 N.E.2d 199 (Ind.Ct.App.1988) (the supremacy clause preempts ITCA tort claim rules in a § 1983 action).

11999–1999
Mary Lou Lawson v. Sheriff of Tippecanoe County, Indiana green
ca7 · 1984
1 sentence

1996He cites Lawson v. Sheriff of Tippecanoe County, 725 F.2d 1136 (7th Cir.1984).

11996–1996
Indiana Bank & Trust Co. of Martinsville v. Perry green
indctapp · 1984
1 sentence

1988Id. *742 Parke County argues that the jury should have been told specifically that negligence and the alleged civil rights violation were no longer to be considered.

11988–1988

Statutes the citing opinions construe

USC § 42u.s.c.1983 (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

IL 139 (1982–2026) CA 60 (1987–2025) MI 40 (1983–2026) IA 25 (1987–2023) TX 25 (1979–2021) MA 21 (1986–2025) FL 20 (1985–2020) NY 17 (1977–2020) NJ 15 (1980–2026) KY 13 (1992–2022) WV 12 (1985–2023) WA 12 (1981–2021) KS 12 (1973–2001) OH 12 (1984–2020) CT 11 (1982–2005) AZ 10 (1983–2014) NM 10 (1984–2025) PA 10 (1982–2020) TN 9 (1995–2025) GA 8 (1981–2021) CO 7 (1985–2025) AR 7 (1998–2013) IN 7 (1988–1999) UT 7 (1986–2012) OK 7 (1993–2025) NV 6 (1998–2021) ME 6 (1994–2022) ID 6 (1986–2016) OR 5 (1988–2022) MT 5 (1990–2008) MN 4 (1988–2017) DC 4 (1989–2002) WI 4 (1983–2023) LA 4 (2007–2014) MO 4 (1989–2022) RI 4 (1993–2004) AL 4 (2002–2016) WY 3 (1990–2007) VT 3 (1995–2014) ND 3 (1994–2006) NC 3 (1995–2024) DE 2 (1987–2017) NH 2 (1979–2016)

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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