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Thursday, March 17, 2016

Ind. Decisions - Court of Appeals issues 4 opinion(s) today (and 17 NFP memorandum decision(s))

For publication opinions today (4):

KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels [See 3/21/16 ILB post here]

In Norma Jackson v. Indiana Adult Protective Services , an 18-page opinion, Judge Mathias writes:

Norma Jackson (“Jackson”) appeals a protective services order issued by the Delaware Circuit Court requiring her to receive twenty-four-hour care and supervision at a nursing facility. Jackson argues that Adult Protective Services (“APS”) failed to present sufficient evidence that she was an “endangered adult” and that a life threatening emergency existed under Indiana Code section 12-10-3-28. We reverse and remand for proceedings consistent with this opinion. * * *

The trial court erred when it failed to stipulate a duration of thirty days or less for Jackson’s emergency services order under the authorizing statute. Notwithstanding this error, APS established by clear and convincing evidence that Jackson was an “endangered adult.” However, APS did not present sufficient evidence that Jackson was involved in a life-threatening emergency under Indiana Code section 12-10-3-28. We therefore reverse the trial court’s order and remand with instructions that the trial court release Jackson from The Woodlands and allow her to return to her home.

In Jeffery Allen Ring v. Kimberly S. Ring , a 12-page opinion, Judge Riley concludes:
Based on the foregoing, we hold that the parties’ subsequent agreement to sell Parcel B was a permissible modification of their original marital property disposition settlement, and, as to Parcel A, the trial court’s appointment of Commissioner without Jeffery’s consent and without assertion of fraud was an impermissible modification of the parties’ original agreement.
In Toni Ball v. Clifton Jones , a 13-page opinion, Judge Riley writes:
Appellant-Plaintiff, Toni Ball (Ball), appeals the trial court’s summary judgment holding, as a matter of law, that Detective Clifton Jones (Detective Jones) was immune from personal liability under the Indiana Tort Claims Act.

[Issue] Whether the trial court erred in concluding that, as a matter of law, Detective Jones acted within the course and scope of his employment as a police officer. * * *

Specifically, as a police officer, Detective Jones was authorized to investigate potential drug activity, draft a probable cause affidavit, and execute an arrest. Ball has not designated any evidence establishing that Detective Jones acted on his own initiative or with no intention to perform the service for which he was employed. Rather, Detective Jones’ actions in this case are closely associated with actions authorized by IMPD and in furtherance of a multi-agency narcotics investigation. Accordingly, we conclude that Detective Jones’ action of the alleged falsification of the probable cause affidavit was “incidental to the conduct authorized” as phrased by the Restatement or, as Kemezy noted, “to an appreciable extent to further his employer’s business.” See Restatement (Second) Agency § 229; Kemezy, 622 N.E.2d at 1298. Detective Jones’ actions are clearly within the scope of his employment as an IMPD officer and therefore are cloaked with immunity under ITCA. * * *

Based on the foregoing, we conclude that the trial court properly granted summary judgment to Detective Jones, holding that, as a matter of law, his actions were within the course and scope of his employment.

NFP civil decisions today (6):

In the Term. Parent-Child Relationship of: M.O. and B.E. and B.O. (Mother) and B.E. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

Vicky Lochtefeld v. James Lochtefeld (mem. dec.)

In Re the Paternity of R.J.D., D.D. (Father) v. A.J. (Mother) (mem. dec.)

In the Matter of J.F. (Minor Child), and L.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)

In the Term. of the Parent-Child Relationship of: C.B. & K.B. (Minor Children) and A.M. (Mother) & D.B. (Father) v. Ind. Dept. of Child Services (mem. dec.)

Steven D. Brazell v. Marie Dezi Jackson (mem. dec.)

NFP criminal decisions today (11):

Steven Richards v. State of Indiana (mem. dec.)

Catina M. Caudill v. State of Indiana (mem. dec.)

Leonard Paul Carder v. State of Indiana (mem. dec.)

Rachel Pittsford v. State of Indiana (mem. dec.)

Myles K. Martin, Jr. v. State of Indiana (mem. dec.)

Robert Lee Scott v. State of Indiana (mem. dec.)

Michael York v. State of Indiana (mem. dec.)

Emily J. Karnes v. State of Indiana (mem. dec.)

Jerry Conn v. State of Indiana (mem. dec.)

Robert Fuentes v. State of Indiana (mem. dec.)

Clyde L. Smith v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 17, 2016 11:19 AM
Posted to Ind. App.Ct. Decisions