Crosson v. Berry

Decision Date06 October 2005
Citation841 N.E.2d 186,829 N.E.2d 184
PartiesCROSSON v. BERRY.
CourtIndiana Supreme Court

Transfer denied.

All Justices concur, except Sullivan, J., who is not participating.

To continue reading

Request your trial
17 cases
  • Hudkins v. City of India
    • United States
    • U.S. District Court — Southern District of Indiana
    • August 6, 2015
    ...counts alleging malicious prosecution. Both recite the elements of the state-law cause of action as enunciated by Crosson v. Berry, 829 N.E.2d 184, 189 (Ind. Ct. App. 2005). Hudkins Second Am. Compl. at ¶ 93; Davis Am. Compl. at ¶ 64. Neither count mentions Section 1983, any constitutional ......
  • Starks v. Moore
    • United States
    • U.S. District Court — Southern District of Indiana
    • September 2, 2014
    ...had no probable cause to institute the action; and (4) the original action was terminated in the plaintiff's favor.Crosson v. Berry, 829 N.E.2d 184, 189 (Ind.Ct.App.2005) (citations omitted). The Defendants argue that Starks' claim fails because:1) Probable cause existed for the prosecution......
  • Unger v. Blevins-Foster
    • United States
    • U.S. District Court — Southern District of Indiana
    • June 6, 2013
    ...(4) the original action was terminated in the plaintiff's favor.'" Golden Years Holmstead, 557 F.3d at 462 (quoting Crosson v. Berry, 829 N.E.2d 184, 189 (Ind. Ct. App. 2005)). "Malice may be shown by evidence of personal animosity or inferred from a complete lack of probable cause or a fai......
  • Atcha v. Indiana
    • United States
    • U.S. District Court — Northern District of Indiana
    • November 6, 2015
    ...in the plaintiff's favor." Golden Years Homestead, Inc. v. Buckland, 557 F.3d 457, 462 (7th Cir.2009) (citing Crosson v. Berry, 829 N.E.2d 184, 189 (Ind. Ct. App. 2005)). Thus, a key element under both legal theories is whether the original action has terminated in plaintiff's favor. Atcha'......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT