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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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