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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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