Judges: amendment not retroactive

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The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.

"Making the entities suddenly responsible for liability imposed during the first term of the Reagan Administration would neither preserve the treasury nor discourage excessive litigation," wrote Judge Robert M. Dow Jr., sitting in designation from the Northern District Court of Illinois.

The federal appellate court decided in Estate of Christopher A. Moreland v. Erich Dieter and Michael Sawdon, and St. Joseph County Board of Commissioners, et al., No. 08-1478, that an amendment to Indiana Code Section 34-13-4-1 didn't apply retroactively to a judgment imposed against St. Joseph County jail officers Erich Dieter and Michael Sawdon. The two were found civilly liable for the beating death of inmate Christopher A. Moreland in 1997. The jury returned a $56.5 million verdict, with $29 million in compensatory damages, against the two in 2002; a third officer was found not liable in September 2003.

The estate relied on the 2003 amendment to attempt to recover the $29 million from St. Joseph County and its board of commissioners. The amendment made changes to the state's statutory schemes covering indemnification by governmental entities for the conduct of their employees. It converted a discretionary indemnification provision into a mandatory one for non-punitive damages and when the entity defends or has the chance to defend the employee.

The District Court denied the estate's motion for writ of execution to collect against the county.

The 7th Circuit rejected the estate's three arguments on appeal: that the amendment applies to the judgment because the interpretation that it seeks isn't retroactive at all; the language of the amendment requires retroactive application; and the amendment was a remedial statute whose purpose requires retroactive application.

The estate relies on re-enacted language, which makes it difficult for the judges to "swallow" the argument that the legislature intended to give retroactive effect to the 2003 amendment by resorting to language that already existed in Indiana code, wrote Judge Dow.

"In sum, the language to which the Estate points falls far short of the unambiguous language that Indiana courts require for a statute to be applied retroactively. Tellingly, Indiana's legislature has revealed itself more than capable of making its statutes explicitly retroactive ...," he wrote.

The estate's argument the amendment is remedial also fails, because it's doubtful the amendment qualifies as remedial as the state's courts use the term in evaluating retroactivity and giving retroactive effect to the amendment would allow one purpose of it to trump other purposes that are evident from the structure and language of the statute, wrote the judge.

"The Estate's interpretation would threaten the fiscal health of governmental entities by opening them up to twenty years' liability, because that is how long a person has to enforce an Indiana judgment," wrote Judge Dow.

St. Joseph County may choose to compensate the estate for the conduct of its officers, but because I.C. Section 34-13-4-1 isn't retroactive, it's not a choice the Circuit Court has the authority to impose.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues