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STATE, DEPT. OF MENTAL HEALTH v. ALLEN

No. 2-1280A431.

427 N.E.2d 2 (1981)

STATE of Indiana, Department of Mental Health, and Central State Hospital, Appellants (Defendants below), v. Peggy Sue ALLEN and David Glen Allen, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

October 21, 1981.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., G. Richard Potter, Deputy Atty. Gen., Indianapolis, for appellants.

W. Scott Montross, Townsend, Hovde, Townsend & Montross, Indianapolis, Frank Campbell, Campbell Kyle & Proffitt, Noblesville, for appellees.

YOUNG, Judge.

The State of Indiana, Department of Mental Health and Central State Hospital appeal the trial court's denial of their motion for summary judgment. Appellants, by this interlocutory appeal, contend they are immune from liability pursuant to Ind. Code 34-4-16.5-3(5), (6), (7) and (9).

We reverse.

Harry E. Ferguson, a criminal defendant, was ordered by the Honorable Richard J. Groover, Judge of the Hendricks Circuit Court, to be committed...

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