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COA affirms man not falsely arrested, imprisoned

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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.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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