Tallman v. State of Indiana - 5/1/14

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Thursday  May 1, 2014 
1:30 PM  EST

1:30 p.m. 51A01-1305-PL-241. Salem High School. Richard M. Tallman appeals the trial court’s entry of summary judgment in favor of the State of Indiana, Indiana Department of Natural Resources, and Anthony Mann (collectively “DNR”) on Tallman’s complaint alleging DNR’s negligence.  In December 2004, Jerry Tredway hired Tallman to harvest timber on his property for sale.  After Tallman harvested more trees than the contract had authorized, Tredway’s daughter contacted DNR.  After an investigation, DNR arrested Tallman and transported him to the Martin County Jail.  Tallman claims that he sustained injuries as a result of the DNR’s placement of handcuffs around his wrists.  Tallman sued DNR for damages, and DNR moved for summary judgment, which the trial court granted.  On appeal, Tallman presents a single issue for our review, namely, whether the trial court erred when it concluded that DNR is immune from liability for Tallman’s alleged injuries as a matter of law.

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