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City of Anderson v. Davis2/21/2001
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
The City of Anderson and Anderson police officer Steven Stoops (collectively, the City), defendants below, appeal the court's judgment, following a bench trial, in favor of Timothy Davis, plaintiff below. In particular, the City contends that it was immune from liability for Davis's personal injuries pursuant to the Indiana Tort Claims Act (ITCA, or the Act). We reverse.
Issue
The sole issue for our review is whether the City was immune from liability for Davis's damages under the law enforcement immunity provision of the ITCA.
Facts and Procedural History
On May 24, 1995, Madison County Sheriff Scott Mellinger was driving when he observed a teenage male walking along the road. The individual matched the description of a teenager who had reportedly walked away from the Madison County Juvenile Center, where he was being detained upon charges of auto theft. When the juvenile realized he had been spotted, he retreated into a nearby wooded area. Sheriff Mellinger called his office for assistance. Officers from the Madison County Sheriff's department, including a county police dog and dog handler, as well as officers from the Pendleton police department, the Anderson police department, and the Indiana State Police, arrived and took positions on the perimeter of the area in which the teenager was thought to be hiding. Officer Stoops of the Anderson police department and his dog Chester eventually relieved the Madison County Sheriff's department dog and its handler.
Among the officers who responded to Sheriff Mellinger's call was Davis, who at that time was the Chief Deputy in the Madison County Sheriff's department. Davis parked his police vehicle near the edge of the wooded area into which the suspect fled, and began to search the area on foot. While walking around the area, he heard over the police radio in his car that officer Stoops and Chester had arrived and were located somewhere in the area. At one point, Davis heard something in the woods. He proceeded to investigate, and encountered Madison County Sheriff's department Captain Thompson in the vicinity of Captain Thompson's vehicle. Captain Thompson advised that officer Stoops and Chester were in the area. At some point, Davis began to walk back to his car. Around this time, Chester alerted to what officer Stoops thought was the scent of the suspect. Officer Stoops then made an announcement over his police radio that he would deploy Chester in an off-leash search.
Officer Stoops also called out and announced that Chester would be released in the area. Davis heard this announcement. Officer Stoops released the dog, and Chester began to search the area. At some point he bolted, and officer Stoops followed. When officer Stoops caught up with his dog, he saw it attacking Davis. Davis sustained bites to his groin, forearm and leg, which required extensive medical treatment.
On May 22, 1997, Davis filed a Complaint in the United States District Court for the Southern District of Indiana against the City, officer Stoops, and then-Anderson Police Chief Ronald Rheam. Davis alleged that the City's use of Chester under the circumstances amounted to excessive force and violated Davis's civil rights, and that Chester's attack was caused by the defendants's negligence. The defendants apparently moved for summary judgment on Davis's excessive force claims, and on the ground that Davis's remaining negligence claims raised no federal issues. On April 30, 1998, the court issued its Order on Summary Judgment, rejecting Davis's allegations of excessive force, and dismissing Davis's remaining n
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