Esserman v. Indiana Department of Environmental ManagementAnnotate this Case
The Supreme Court affirmed the judgment of the trial court finding that the trial court lacked subject matter jurisdiction over Plaintiff’s wrongful termination complaint against the Indiana Department of Environmental Management and that Plaintiff failed to state a claim upon which relief could be granted. Specifically, Plaintiff claimed that the Department violated the whistleblower provision of the Indiana False Claims and Whistleblower Protection Act, Ind. Code 5-11-5.5. The Supreme Court affirmed the trial court’s dismissal of the complaint, holding (1) the State did not waived sovereign immunity in this case because the whistleblower provision of the Act does not clearly evince the legislature’s intention to subject the State for violations of the Act; but (2) the dismissal should have been without prejudice to Plaintiff filing an amended complaint.