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.
P. Mathias
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
In re D.F., No. 82A04-1704-JC-869, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2017).
The Court of Appeals issued a reminder that trial court magistrates do not have the authority to enter final judgments in civil cases, including juvenile cases.
Ellis v. Keystone Construction Corp., No. 32A01-1607-PL-1477, __ N.E.3d __ (Ind. Ct. App., Sept. 5, 2017).
By intentionally omitting his claimed ownership interest in a company from his dissolution Settlement Agreement, plaintiff is now judicially estopped from asserting a claim of an ownership interest in the company.
AAA Federal Credit Union v. Ind. Dept. of Transportation, No. 71A03-1609-PL-2091, __ N.E.3d __ (Ind. Ct. App., July 7, 2017).
In an inverse condemnation case, landowner does not have a property interest in the free flow of traffic from a particular road or in continuing to abut a particular type of road.