Suzanne E. Esserman v. Indiana Department of Environmental Management

Summary

The Indiana Supreme Court held that Indiana’s False Claims and Whistleblower Protection Act did not clearly waive the State’s sovereign immunity for a statutory retaliatory-discharge claim brought by a former Indiana Department of Environmental Management employee. The court affirmed dismissal under Indiana Trial Rule 12(B)(6), but remanded with instructions to permit the plaintiff to file an amended complaint. Justice David dissented, concluding that the statute’s use of the term “employer” plainly included the State.

Holdings

1. The State has not waived sovereign immunity because the Act does not clearly evince legislative intent to subject the State to suit; the term 'employer' is not defined to include the State.

Questions Presented

1. Whether the Indiana False Claims and Whistleblower Protection Act clearly evinces legislative intent to waive sovereign immunity for whistleblower claims against the State.
2. Whether the trial court properly dismissed the complaint under Trial Rule 12(B)(6).

Disposition

affirmed