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TITTLE v. MAHAN

No. 57S03-9112-CV-982.

582 N.E.2d 796 (1991)

Jacqueline R. TITTLE, As Personal Representative of the Estate of Terry N. Tittle, Deceased, and On Her Own Behalf, and Glen Alvin Cochran, by His Next Friend, Beth Ann Cochran, Appellants (Defendants below), v. Michael MAHAN; David Meyers; David Gladieux; Glen Harpel; Oscar Equia; Daniel L. Figel, Sheriff of Allen County, Indiana; Rosemary Mosley; and the City of Fort Wayne, Appellees (Plaintiffs below). Betty Jean Sauders, Personal Representative of the Estate of Mark S. Sowles, Deceased, Appellant (Plaintiff below), v. The County of Steuben, State of Indiana; Lawnie M. McClelland, As Sheriff of Steuben County, Indiana; Steuben County Board of Commissioners; Gregory W. Aldrich and Mark Klink, Employees of the Steuben County Sheriff's Department, Appellees (Defendants below).

Supreme Court of Indiana.

December 12, 1991.

Attorney(s) appearing for the Case

John B. Powell, Shambaugh Kast Beck & Williams, Fort Wayne, for appellants Tittle and Cochran.

Kurt Bentley Grimm, Kevin L. Likes, Grimm & Grimm, P.C., Auburn, for appellant Sauders/Sowles.

Richard A. Waples, Legal Director, Ind. Civ. Liberties Union, Indianapolis, for amicus curiae Ind. Civ. Liberties Union.

Phillip A. Renz, Larry L. Barnard, Miller Carson & Boxberger, Fort Wayne, for appellee Mosley and City of Fort Wayne.

John O. Feighner, George Sistevarus, Haller & Covlin, Fort Wayne, for appellees Mahan, Myers, Gladieux, Harpel, Equia and Figel.

Branch R. Lew, Hunt Suedhoff Borror & Eilbacher, Fort Wayne, Helen M. Burke, Scopelitis Garvin Light & Hanson, Indianapolis, for appellees Steuben County, McClelland, Bd. of Comm. and Aldrich & Klink.

ON PETITION TO TRANSFER

KRAHULIK, Justice.

The two cases before us today on petitions to transfer have been consolidated because both require us to construe a portion of the Indiana Tort Claims Act, IND. CODE ANN. § 34-4-16.5-3(7) (West Supp. 1990), and decide whether law enforcement officials and their employers are immune from liability in connection with the treatment of pre-trial detainees. We now grant transfer to re-evaluate some of our earlier...

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