Attorney's fees; allowance to governmental entity; action for abuse
of process
Sec. 4. In any action brought against a governmental entity under
civil rights laws of the United States, the court may allow attorney's
fees as part of the costs to the governmental entity prevailing as
defendant if it finds that plaintiff:
(1) brought the action on a claim that is frivolous, unreasonable,
or groundless;
(2) continued to litigate the action after plaintiff's claim clearly
became frivolous, unreasonable, or groundless; or
(3) litigated its action in bad faith.
This award of fees does not prevent a governmental entity from
bringing an action against the plaintiff for abuse of process arising
in whole or in part on the same facts, but the defendant may not
recover attorney's fees twice.
As added by P.L.1-1998, SEC.8.
&DNM.IC 34-7-4
&YENC.
&YAMD.
Chapter 4. Scope of Title
&DNM.IC 34-7-4-1
&YENC.1998
&YAMD.1998
Causes of action and procedures not exhaustive
IC 34-7-4-1 Sec. 1. This title is not intended to be an exhaustive
compilation of all causes of action and procedures in the Indiana Code.
In addition to the causes of action and procedures that appear in this
title, other causes of action and procedures may appear in other titles
of the Indiana Code.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-4-2
&YENC.1998
&YAMD.2005
Statutes outside IC 34 providing causes of action or procedures
IC 34-7-4-2 Sec. 2. Statutes outside IC 34 providing causes of action
or procedures include the following:
(1) IC 4-21.5-5 (Judicial review of administrative agency actions).
(2) IC 22-3-4 (Worker's compensation administration and
procedures).
(3) IC 22-4-17 (Unemployment compensation system, employee's
claims for benefits).
(4) IC 22-4-32 (Unemployment compensation system, employer's
appeal process).
(5) IC 22-9 (Civil rights actions).
(6) IC 24-9 (Home loans).
(7) IC 31-14 (Paternity).
(8) IC 31-15 (Dissolution of marriage and legal separation).
(9) IC 31-16 (Support of children and other dependents).
(10) IC 31-17 (Custody and parenting time).
(11) IC 31-19 (Adoption).
(12) IC 32-27-2, IC 32-30-1, IC 32-30-2, IC 32-30-4, IC 32-30-9,
IC 32-30-10, IC 32-30-12, IC 32-30-13, and IC 32-30-14 (Real
property).
(13) IC 33-43-4 (Attorney liens).
&HST.As added by P.L.1-1998, SEC.2. Amended by P.L.2-2002,
SEC.90; P.L.98-2004, SEC.120; P.L.73-2004, SEC.46; P.L.68-2005,
SEC.58.&EHST.
Last modified: May 24, 2006