Indiana § 34-13-4-4 - Attorney's fees; allowance to governmental entity; action for abuse of process

§ 34-13-4-4. 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.

[Pre-1998 Recodification Citation: 34-4-16.7-4.]

As added by P.L.1-1998, SEC.8.

IC 34-13-5Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations

34-13-5-1Exclusive applicability of chapter 34-13-5-2Plaintiff; class actions; right of intervention 34-13-5-3Trial procedure 34-13-5-4Change of venue 34-13-5-5Appointment of special judge 34-13-5-6Special reporter 34-13-5-7Interlocutory hearing 34-13-5-8Appeals 34-13-5-9Extensions of time; advance of trial or appeal 34-13-5-10Jurisdiction of trial court 34-13-5-11Exhaustion of administrative remedies required before bringing public lawsuit 34-13-5-12Matters to be heard in public hearing