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July 1st, 2010
Posted by Nicholas C. Deets, Hovde Dassow & Deets
The Indiana Supreme Court recently held that the Indiana Tort Claims Act (“ITCA”) does not immunize law enforcement officers from using unreasonable and excessive force while effectuating an arrest. The Court, by Justice Dickson, said:
“We hold that a law enforcement officer’s use of of force in excess of reasonable force authorized by statute is not shielded from liability under the “enforcement of law” immunity provided in the Indiana Code 34-13-3-3 (8) and that genuine issues of fact exist, precluding summary judgment.”
The case is Richard Patrick Wilson and Billy Don Wilson v. Gene Isaacs and it is posted on the Indiana Supreme Court’s website. www.in.gov/judiciary
Posted in Personal Injury, Wrongful death claims
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Hovde Dassow + Deets is an Indianapolis-based law firm specializing in Personal Injury Law. Our attorneys practice in the following areas of personal injury law: Truck + car accidents, Medical malpractice, Drug liability, Wrongful death claims, Construction accidents, Nursing home injuries, Injuries to children, Pharmacy + prescription errors, ATV injuries, Defective product claims, Consumer class action, Aviation incidents, Train-crossing accidents. Hovde Dassow + Deets is based in Indianapolis, IN and serves clients and potential clients in the following areas and beyond: