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Justices order trial on reasonable force issue

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A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme Court held today.


The justices ruled on the issue of immunity under the Indiana Tort Claims Act in Richard Patrick Wilson and Billy Don Wilson v. Gene Isaacs, Sheriff of Cass County, and Brad Craven, No. 09S05-1003-CV-149. Brothers Patrick and Billy Don Wilson sued Sheriff Gene Isaacs and Deputy Brad Craven for damages after Craven used a Taser on Richard three times, two of which happened after he was already immobile on the ground. The defendants were granted summary judgment by the trial court; the Indiana Court of Appeals affirmed for Craven but reversed as to Isaac.


At issue in the appeal is whether the law enforcement immunity is available to shield the government from liability on claims of excess force. The brothers argue the government isn’t immune from liability for Craven’s conduct because disputed facts exist as to whether the deputy used unreasonable and excessive force contrary to Indiana statute.


The Supreme Court held in Kemezy v. Peters that the use of excessive force is not conduct immunized by the enforcement of a law immunity of the Indiana Tort Claims Act; the defendants argued that rule no longer applies because it was based on a public/private duty test for law enforcement immunity that was later disavowed in other caselaw.


 The high court relied on Patrick v. Miresso, 848 N.E.2d 1083 (Ind. 2006), to find that the statutory provision authorizing a law enforcement officer’s use of reasonable force only if the officer reasonably believes the force is necessary for a lawful arrest restrains the statutory immunity from erecting a shield to liability for conduct contrary to the statute, wrote Justice Brent Dickson. The justice also disapproved the contrary view expressed in City of Anderson v. Davis, 743 N.E.2d 359, 365 (Ind. Ct. App. 2001).


"Although we conclude that the law enforcement immunity of the Indiana Tort Claims Act does not shield the government from liability for excessive force by police, there remain genuine issues of material fact regarding whether Deputy Craven's conduct was reasonable and whether he reasonably believed that the force he used was 'necessary to effect a lawful arrest,'" wrote the justice.


The high court summarily affirmed summary judgment on the plaintiffs' claims against Deputy Craven personally. Chief Justice Randall T. Shepard dissented without opinion.  
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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