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. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT