ILNews

COA affirms man not falsely arrested, imprisoned

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.

Bruce Fox filed a suit against several entities, including West Central Community Corrections, for false arrest, false imprisonment, and violation of rights under the state and federal constitutions. In 1997, Fox was arrested for child molestation and possession of marijuana. He pleaded guilty to the drug charge and was sentenced to probation. He violated his probation and was committed to the WCCC to administer 269 days of home detention, which he began in February 1998. In March of that year, he was found guilty of the child molesting charges and committed to the Indiana Department of Correction.

When he was released in 2004, Fox was sent to the WCCC pursuant to a hold on his record. Fox believed his home detention sentence had run and he completed his required imprisonment. No one at the WCCC could answer why Fox was in their custody and he was eventually transferred to jail. He was finally released Nov. 4, 2004. He filed his tort claims notice May 3, 2005, which was 180 days from his release. The trial court granted summary judgment in favor of WCCC after concluding the notice was filed beyond the 180-day period required under the Indiana Tort Claims Act.

In Bruce R. Fox v. Dennis Rice and West Central Community Corrections, No. 54A01-1003-PL-97, Fox argued that the 180-day period didn’t begin to toll on July 15, 2004, the date he allegedly was unlawfully imprisoned, but should start when he was released Nov. 4. The Court of Appeals rejected Fox’s arguments. The doctrine of continuing wrong doesn’t prevent the statute of limitations from beginning to run when a plaintiff learns of facts that would lead to the discovery of the cause of action, even if the relationship with the tortfeasor continues, wrote Judge Margret Robb. The application of this doctrine is prohibited because Fox suspected a mistake and the repeated comments that the WCCC didn’t know why he was there should have led to Fox discovering his claims.     

Fox argued that he was “incapacitated” under the ITCA because he was without realistic access to civil attorneys to discuss his potential civil claims.

“Lack of ‘realistic access’ to an attorney is insufficient to render Fox incapacitated,” wrote Judge Robb. She noted that the appellate court didn’t directly address the issue of whether a pro se prisoner is “incapacitated” in McGill v. Ind. Dept. of Correction, 636 N.E.2d 199, 204 (Ind. Ct. App. 1994). “However, for us to address this issue and conclude in the affirmative would create the problematic incentive for prisoners to forego legal counsel. Further, and more importantly, we lack authority to legislate that pro se prisoners are per se ‘incapacitated’; this is a question for the General Assembly.”

The appellate judges also affirmed summary judgment in favor of WCCC on Fox’s false imprisonment claim because his federal claim didn’t contain a genuine issue of material fact.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT