The Litigation Division serves as the State’s law firm. Our dedicated team represents the State and its agencies, officials and employees in state and federal courts in complex and significant interest cases in almost every substantive area of the law – protecting the public interest by defending constitutional challenges and class actions to bringing actions to enforce state statutes and regulations to condemnation to public integrity whistleblower and fraud cases to recoup taxpayer money. The Litigation Division has five Sections – each with their own area of expertise.
Chief Counsel for Litigation: Patricia Orloff Erdmann
Administrative and Regulatory Enforcement Litigation Section
This Section represents the State and its agencies in a wide variety of civil cases. The Section is also responsible for affirmative litigation on behalf of state regulatory agencies seeking to enforce state laws and regulations to protect the State and its citizens. The Section litigates cases involving the enforcement of administrative orders, election law, environmental law, IOSHA Whistleblower complaints, the judicial review of final agency decisions, mental health law, qui tams, requests for specialized driving privileges, subpoena enforcement, and tax law.
Section Chief: Jefferson Garn
Asset Recovery and Bankruptcy Litigation Section
This Section handles cases where state agencies are owed monies. The case types range from damage to state property to enforcement of contracts or fines and penalties to collection of monies misappropriated or diverted by public officials through malfeasance, misfeasance or nonfeasance. The litigation performed by the Section covers all phases of litigation, from initial demand letter to post-judgment collection efforts. Additionally, the Section handles bankruptcy work for the State. That can include filing and pursuing adversary proceedings to ensure debts are not discharged in bankruptcy or working through issues for agencies in Chapter 11 cases.
Section Chief: Heather Crockett
Correctional Law Litigation Section
This Section represents the State of Indiana, the Indiana Department of Correction, and their officials and employees in state and federal courts. The Section defends the State against constitutional challenges and civil rights lawsuits brought by inmates in state prison alleging excessive force, violations of religious rights, and challenging conditions of prison confinement. This Section also handles other legal claims, including petitions for post-conviction relief, petitions for habeas corpus, and matters concerning the State’s sex and violent offender registry.
Section Chief: Jonathan Nagy
Government Litigation Section
This Section represents the State of Indiana and its officials, agencies, and employees in a wide variety of civil cases. For example, the Section handles civil lawsuits involving constitutional challenges, civil rights and employment claims, and contract disputes.
Section Chief: Diana Moers
Real Estate Litigation Section
This Section handles eminent domain matters, quiet title actions, mortgage foreclosures, and other real estate-related litigation for state agencies. This Section also handles administrative matters and provides state agencies with transactional real estate advice to ensure that the State is obtaining good title through various real estate transactions.
Section Chief: Michelle Kossmann
Division Organization Chart