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

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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.

 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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