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CITY OF GARY v. KELLOGG

No. 3-983-A-291.

519 N.E.2d 570 (1988)

CITY OF GARY, Richard Gordon Hatcher, Mayor of Gary, Virgil L. Motley, and Frederick P. Kowsky, Chiefs of Police, Appellants (Defendants below), v. Demuth KELLOGG, John W. Richardson, Hervey Burnett, and Mary Wilusz, et al., Appellees (Plaintiffs below), and John Shettle, Superintendent of State Police, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied April 7, 1988.

Attorney(s) appearing for the Case

John P. Price, Jon D. Krahulik, Joseph H. Hogsett, Dan J. Carwile, Grace M. Curry, Bingham Summers Welsh & Spilman, Indianapolis, for appellants.

Hilbert L. Bradley, Terry C. Gray, Gary, J. Michael Katz, Katz Brenman & Angel, Merrillville, for appellees.

STATON, Judge.

The City of Gary, its former mayor, two police chiefs, and the Superintendent of the Indiana State Police (hereinafter collectively referred to as the "City") were defendants in a class action suit. The plaintiffs (hereinafter referred to as the "Citizens") contended that a City policy which denied them blank handgun application forms created a cause of action for damages under 42 U.S.C. § 1983 and Ind. Code 35-23-4.1-5 (now codified at Ind. Code...

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