Cody Waldrip v. Angela Waldrip, City of Bloomington, Indiana, Monroe County, Indiana, State of Indiana
2012 Ind. App. LEXIS 469
| Ind. Ct. App. | 2012Background
- Waldrip sues Angela Waldrip, Bloomington, and Monroe County for claims arising from Angela’s 2008 false accusations causing Waldrip’s arrests and protective orders.
- Angela, a Monroe County Circuit Court reporter, allegedly used her position to obtain a protective order and influence prosecutions.
- Waldrip remained incarcerated during a sequence of criminal proceedings; he was acquitted in 2009 while additional charges were later dismissed in 2009.
- Waldrip filed a Tort Claims Notice on December 14, 2009; he amended his state court complaint in 2010, which included federal and state law claims.
- The case was removed to federal court, then remanded to state court in January 2011; final court orders were entered June 2011 but Angela’s dismissal was not noted in the CCS until November 29, 2011.
- Waldrip’s December 28, 2011 motion to correct error and subsequent appeal were timely under the correct final judgment date; the appeal was not untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal and final judgment | Waldrip’s final judgment occurred on Nov. 29, 2011 | Waldrip’s relief should have been timely under June 28, 2011 judgment | Appeal timely; final judgment recognised on Nov. 29, 2011 |
| Bloomington: ITCA notice and dismissal | Notice was timely for malicious prosecution; other claims could be timely depending on incapacity | Noncompliance with ITCA notice defeats claims | Malicious prosecution timely; other counts likely premature without summary judgment on incapacity},{ |
| Angela: immunity and remaining counts | Immunity defenses do not bar malicious prosecution and intentional infliction of distress; abuse of process not fully immunized | Immunity applies to abuse of process within initiation of judicial proceedings; other counts may be dismissed | Malicious prosecution and intentional infliction of emotional distress claims survive; immunity defenses do not bar them for those counts |
| Monroe County: proper defendant and scope | County liable for vicarious liability/negligent hiring; jail/incarceration claims | County Board lacks authority over state court employees and jail administration; no liability for prosecutor actions | Monroe County dismissed; only state entities or appropriate offices could bear liability; affirmed as to dismissal |
Key Cases Cited
- Fox Dev., Inc. v. England, 837 N.E.2d 161 (Ind. Ct. App. 2005) (summary-judgment-like standard for JR 12(C) when extraneous materials considered)
- Fox v. Rice, 942 N.E.2d 167 (Ind. Ct. App. 2011) (incapacitation issue; ITCA notice timing and malproceedings)
- Fox v. Rice, 936 N.E.2d 316 (Ind. Ct. App. 2010) (false imprisonment and ITCA analysis)
- Livingston v. Consolidated City of Indianapolis, 398 N.E.2d 1302 (Ind. Ct. App. 1979) (definition of judicial proceeding and ITCA immunity scope)
- McGill v. Indiana Dep’t of Corr., 636 N.E.2d 199 (Ind. Ct. App. 1994) (incapacitation extension under ITCA; incarceration context)
- Butt v. McEvoy, 669 N.E.2d 1015 (Ind. Ct. App. 1996) (elements of malicious prosecution)
- Reed v. City of Evansville, 956 N.E.2d 684 (Ind. Ct. App. 2011) (ITCA notice timing and discovery of injury)
- Wehling v. Citizens Nat’l Bank, 586 N.E.2d 840 (Ind. 1992) (ITCA notice and continuing wrong doctrine context)