Legal Opinion

Americanos v. State

Indiana Court of Appeals

Decided May 23, 2000No. 49A02-9908-CV-583PublishedCited by 17 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge

Peter C. Americanos appeals the trial court’s dismissal of his complaint for failure to state a claim. Americanos contends that the State Personnel Act1 (Personnel Act or Act) provides a private cause of action. Specifically, he contends that the legislature intended to protect an individual’s interest in employment and therefore, provided a private cause of action. Because we conclude that the legislature did not intend to provide a private cause of action under the Personnel Act, we affirm.

Facts and Procedural History

Americanos was employed by the Office of the Attorney…

2Cases cited7 opinions

  1. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
  2. Borne Ex Rel. Borne v. Northwest Allen County School Corp.Indiana Court of Appeals · 1989
  3. Borgman v. AikensIndiana Court of Appeals · 1997
  4. BARTHOLOMEW CTY. BEV. CO. v. Barco Beverage Corp., Inc.Indiana Court of Appeals · 1988
  5. City of Muncie v. PetersIndiana Court of Appeals · 1999

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3Cited by17 opinions

  1. Blanck v. Ind. Dep't of Corr.Indiana Supreme Court · 2005
  2. Kimrey v. DonahueIndiana Court of Appeals · 2007
  3. Whinery v. RobersonIndiana Court of Appeals · 2004
  4. Richmond State Hospital v. BrattainIndiana Court of Appeals · 2010
  5. F.D. v. Indiana Department of Family ServicesIndiana Court of Appeals · 2012

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