Articles Posted in Supreme Court of Indiana

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The Supreme Court affirmed the judgment of the superior court ruling that Indiana's Civil Forfeiture Statute was constitutional, holding that the General Assembly may decide how and when forfeiture proceeds accrue to the "Common School Fund," which consists of, among other sources of revenue, "all forfeitures which may accrue." Indiana's Civil Forfeiture Statute, Ind. Code 34-24-1-4(d), directs the transfer of proceeds from seized property "to the treasurer of state for deposit in the common school fund." At issue in this case is whether the portion of the statute permitting the allocation of forfeiture revenue to reimburse law enforcement costs before these proceeds accrue to the Fund is constitutional under article 8, section 2 of the Indiana Constitution. The trial court concluded that the statute is constitutional. The Supreme Court affirmed, holding that article 8, section 2 permits the legislature to determine how and when forfeiture proceeds accrue to the Common School Fund. View "Horner v. Curry" on Justia Law

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Pursuant to 2011 amendments to statutes addressing collective bargaining for teachers and their employees, when parties failed to reach a collective bargaining agreement (CBA) regarding salaries and wages, the Indiana Education Employment Relations Board (IEERB) appoints a mediator. If the mediation fails, the parties must exchange their last best offers (LBOs). A factfinder appointed by the IEERB then selects which side’s LBO to adopt as the CBA. In this case, a teachers association appealed a factfinder’s decision to adopt a school’s LBO. The IEERB affirmed the factfinder’s decision. The Supreme Court affirmed, holding that the adopted LBO was collectively bargained and lawful. View "Jay Classroom Teachers Ass’n v. Jay School Corp." on Justia Law

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Plaintiff, an elementary school principal, was terminated after the school board learned that he had been involved in a sexual relationship with a teacher. Plaintiff filed a complaint against school defendants, alleging breach of contract and that the notice and procedure utilized by the school board in terminating his administrator’s contract denied him due process. The superior court granted summary judgment for the School. The Supreme Court affirmed, holding (1) the hearing process described in the teacher’s termination statute does not apply to termination of an administrator when his underlying teaching contract is not being terminated; (2) the language in Plaintiff’s form teacher’s contract referring to a hearing with the benefit of counsel and a just cause determination applies only to Plaintiff’s underlying teacher’s contract and not his administrator’s contract; and (3) under the circumstances of this case, Plaintiff received constitutional due process. View "Hewitt v. Westfield Washington Sch. Corp." on Justia Law