ILNews

Monroe County man’s suit against ex-wife and city still alive in trial court

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals concluded Thursday that portions of a man’s lawsuit alleging false imprisonment, malicious prosecution and other claims against his ex-wife and the city of Bloomington may continue. The trial court had dismissed all claims against the parties, which includes Monroe County.

Cody Waldrip filed his tort claims notice Dec. 14, 2009, after he was released from jail when the prosecutor dismissed remaining charges against him. He was originally arrested in April 2008 after Angela Waldrip told police her then-husband had battered her. She later filed for a protective order and alleged Cody Waldrip violated that, so he was arrested and charged with misdemeanor invasion of privacy.

A jury acquitted Cody Waldrip in September 2009, although the record isn’t clear what he was on trial for or what charges the prosecutor later dismissed.

Cody Waldrip claimed that his ex-wife made false criminal accusations in order to gain an advantage regarding custody of their children and that she abused her position as an employee of Monroe Circuit Court in obtaining the protective order. Angela Waldrip was a court reporter.

His suit made similar allegations against the three defendants – his ex-wife, Bloomington and Monroe County – including defamation and intentional infliction of emotional distress. The trial court granted motions to dismiss filed by the county and Angela Waldrip, and Bloomington’s motion for judgment on the pleadings.

In Cody Waldrip v. Angela Waldrip, City of Bloomington, Indiana, Monroe County, Indiana, State of Indiana, 53A01-1203-CT-135, the appellate court rejected the county’s argument that the appeal should be dismissed as untimely. It affirmed dismissal of claims against the county because Cody Waldrip’s complaint didn’t state any claims that could be properly presented against Monroe County. The Circuit court is funded by the state.

The judges found Cody Waldrip’s tort claim notice was timely as to his claims of malicious prosecution and that more information is needed to show whether he was incapacitated as defined by statute and therefore unable to timely file his claims against the city for false arrest, false imprisonment, abuse of process and defamation.  

The claims of false imprisonment, civil perjury, tortious interference with child custody and/or parenting time, defamation and abuse of process claims against Angela Waldrip were properly dismissed, the court held, but the claims of malicious prosecution and intentional infliction of emotional distress against her may continue.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT