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Jackson v. Indiana, 406 U.S. 715 (1972), was a landmark decision of the United States Supreme Court that determined a U.S. state violated due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his permanent incompetency to stand trial on the charges filed against him.
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Cummings, 734 N.E.2d 535 (Ind. 2000), was a case decided by the Indiana Supreme Court that adopted the loss of a chance doctrine for tort liability. [1] Decision
The women prisoners have filed two federal lawsuits alleging that they were subjected to a "night of terror" after male inmates bought a key to their wing from one of the jailers for $1,000.
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Lambda Legal filed Baskin v.Bogan in the U.S. District Court for the Southern District of Indiana on March 12, 2014, on behalf of three same-sex couples, all women. Their complaint named as defendants Indiana Attorney General Greg Zoeller and three county clerks, with one of the county clerks, Penny Bogan, in her official capacity, as the first-named defendant.
Chief Justice Loretta Rush said she and the other judges will discuss the case and issue a ruling later. Contact H-T reporter Laura Lane at llane@heraldt.com or 812-318-5967.
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.