Tort Claims Act does not grant immunity for reckless conduct

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The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.

In City of Indianapolis v. Rhodora Earl, No. 49A02-1102-PL-89, Rhodora Earl was seriously injured when a high-speed police pursuit ended with the suspect crashing into her car. Earl sued the city for her injuries, and in her amended complaint, she alleged the city was liable for her injuries because Indianapolis Police Officer Shannon Harmon continued chasing the suspect without regard to the safety of other drivers or pedestrians in a high-traffic area.

The city appealed the trial court’s denial of its motion for summary judgment, citing the law enforcement provision of Indiana’s Tort Claims Act. The COA held that while the law enforcement provision does grant immunity for certain actions that occur in the line of duty, an officer still has an obligation to exercise sound judgment.

Citing the Indiana Supreme Court opinion in Patrick v. Miresso, 848 N.E.2d 1083, 1084 (Ind. 2006), the appellate court wrote that a governmental unit and its police officer are not immune from liability for injuries caused by the officer’s negligent operation of a police vehicle while pursuing a fleeing suspect. It therefore affirmed the decision of the trial court.



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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

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