Justia Injury Law Opinion Summaries

Articles Posted in Supreme Court of Indiana
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Plaintiff brought several claims against multiple defendants arising out of his incarceration for a probation violation that occurred after his term of probation had expired. The trial court dismissed Plaintiff’s claims against all defendants. The court of appeals affirmed. Plaintiff sought transfer, contending that his claim against four individual probation officers under 42 U.S.C. 1983 was incorrectly dismissed for failure to state a claim. The Supreme Court granted transfer and reversed dismissal of Plaintiff’s section 1983 claim against the individually-named probation officers, holding that Plaintiff’s complaint stated a claim for relief under section 1983 against these defendants. View "Thornton v. State" on Justia Law

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Davis Security Systems, LLC hired Donnell Caldwell as a security guard for the West Calumet Complex. Before his employment, Caldwell had been romantically involved with Stacy Knighten, a resident of the Complex. While on duty, Caldwell and Knighten were involved in an altercation, and Caldwell shot Knighten in the back, paralyzing her from the waist down. Knighten filed a complaint for damages against, among others, Davis Security under the theory of respondent superior. The trial court granted summary judgment in favor of Davis Security on all claims. The Supreme Court reversed the portion of the trial court’s order granting summary judgment in favor of Davis Security based on Knighten’s respondent superior claim, holding that the scope of Caldwell’s duties as an employee of Davis Security and the issue of whether in discharging his weapon Caldwell engaged in conduct consistent with his duties were matters that could not be resolved by summary disposition. Remanded. View "Knighten v. E. Chicago Housing Auth." on Justia Law