Attorney’s alleged defamatory statements made against his former clients were protected on the grounds of qualified privilege.
Ceaser v. State, No. 49A02-1106-CR-580, __ N.E.2d __ (Ind. Ct. App., Mar. 26, 2012).
When a parent is asserting parental privilege, evidence of a prior conviction for battering the child at issue in a manner similar to the circumstance at issue is admissible as that evidence goes directly to the reasonableness of the force used and the reasonableness of that parent’s belief regarding the force used.
Crider v. State, No. 91A05-1108-CR-389, __ N.E.2d __ (Ind. Ct. App., Mar. 29, 2012).
Plea agreement waiving “right to challenge sentence on the basis it is erroneous” is enforced on appeal.
Myers v. Coats, No. 49A04-1104-PL-20, ___ N.E.2d ___ (Ind. Ct. App., March 29, 2012).
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.
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.”