Vanderburgh County, Indiana v. Mike Hertweck, on behalf of himself and all others of the Vanderburgh County Sheriff's Department similarly situated (mem. dec.), 74A04-1610-PL-2409

In 1999 Mike Hertweck, on behalf of himself and similarly situated Vanderburgh County Sheriff’s Department members, sued Vanderburgh County alleging unpaid overtime during his 1984 probationary training at the Indiana Law Enforcement Academy (ILEA).
Hertweck’s ILEA training was scheduled as 480 hours (12 weeks × 40 hours), but he claims he worked ~750 hours and received no overtime pay.
Hertweck’s original complaint broadly alleged deprivation of overtime compensation in violation of “certain laws of this state” but did not identify any specific statute or assert a breach of contract claim.
Over time Hertweck shifted to arguing the County violated its own personnel policy (a common-law breach of contract theory) by failing to pay overtime.
The County moved for summary judgment in 2015 arguing, among other points, that Hertweck waived any breach of contract claim by failing to plead operative facts; the trial court denied the motion and the County appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by denying the County’s motion for summary judgment	Hertweck contended he was deprived of overtime and now proceeds on a breach-of-personnel-policy (contract) theory	County argued Hertweck’s complaint failed to plead operative facts for a breach-of-contract claim (notice pleading requirement), so that claim is waived	Court held Hertweck waived any breach-of-contract claim by failing to plead operative facts; reversed and instructed entry of judgment for the County

Wynkoop v. Town of Cedar Lake, 970 N.E.2d 230 (Ind. Ct. App. 2012) (standard for reviewing summary judgment and discussion of employee handbooks/ordinances)
Stryczek v. Methodist Hosps., Inc., 694 N.E.2d 1186 (Ind. Ct. App. 1998) (notice pleading requires pleading operative facts to notify defendant of evidence to be presented)