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. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

ADVERTISEMENT