Teacher’s conduct, walking by and touching student’s posterior to induce her to sit back down into her seat, falls within the scope of the teacher’s statutory qualified immunity as a teacher managing a classroom; student’s § 1983 claim also fails because, as a matter of law, student failed to show that teacher’s conduct could have violated a clearly established right.
Civil
Hays v. Hockett, No. 62A01-1612-DR-2910, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2018).
Jurisdiction under the Uniform Child Custody Jurisdiction Act (“UCCJA”) does not equate to subject matter jurisdiction, and is therefore waivable
L.G v. S.L., No. 18S-AD-32, __ N.E.3d __ (Ind., Jan. 19, 2018).
A trial court judge is not required to recuse from a case solely because counsel for one of the parties served as a professional reference.
Bellwether Properties, LLC v. Duke Energy Indiana, Inc., No. 53S04-1703-CT-121, __ N.E.3d __ (Ind., Dec. 20, 2017).
Because the complaint does not establish that the statute of limitations had already run when the complaint was filed, Defendant’s T.R. 12(B)(6) motion shouldn’t have been granted.
Shirey v. Flenar, No. 02A03-1704-MI-876, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2017).
Doctor had a duty to preserve plaintiff’s medical records and is properly subject to a cause of action for spoliation.