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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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