Plaintiff had a liberty interest in not being mistakenly labeled as a sex offender and the process to challenge such erroneous listing was inadequate, however, there was no genuine issue of material fact as to whether a DOC employee personally deprived plaintiff of a constitutional right.
Civil
Santelli v. Rahmatullah, No. 49A04-1011-CT-70, ___ N.E.2d ___ (Ind. Ct. App., March 29, 2012).
Adopts adopt Restatement (Third) of Torts § 14, “Tortfeasor Liable For Failure To Protect The Plaintiff From The Specific Risk Of An Intentional Tort.”
Lakes v. Grange Mutual Casualty Co., No. 89S05-1109-CT-53, ___ N.E.2d ___ (Ind., March 20, 2012).
The tortfeasor’s vehicle was underinsured because the amount actually paid to the plaintiff was less than the per-person limit of liability of the underinsurance endorsement.
Klinker v. First Merchants Bank, N.A., No. 01S04-1107-PL-438, ___ N.E.2d ___ (Ind., March 20, 2012).
Although the plaintiff’s evidence tends to show multiple badges of fraud, it is not sufficient to warrant entry of summary judgment on the element of mens rea.
LaPorte Comm. School Corp. v. Rosales, No. 46S04-1105-CT-284, ___ N.E.2d ___ (Ind., March 20, 2012).
The language of one of the final jury instructions could have reasonably been interpreted and applied by the jury in a way that substantially misstated the plaintiff’s burden of proof to establish defendant’s negligence.