HUPP v. HILL

No. 73A01-9101-CV-21.

576 N.E.2d 1320 (1991)

Sherry L. HUPP, Individually, and On Behalf of Her Minor Children, Jeremy Joe Davis, and Jason Ray Davis: Jeremy Joe Davis, Jason Ray Davis, Appellants-Plaintiffs, v. Rick HILL, Individually, and in His Capacity As Sheriff of the Bartholomew County Sheriff's Department; Bartholomew County Sheriff's Department; Columbus Police Department; Joseph Koenig, Individually, and in His Capacity As Prosecuting Attorney for Bartholomew County; Bartholomew County Prosecutor's Office; Richard Eppard; and City of Columbus, Appellees-Defendants.

Court of Appeals of Indiana, First District.

August 26, 1991.


Attorney(s) appearing for the Case

Stephen C. Litz, Indianapolis, for appellants-plaintiffs.

Peter C. King, Virginia E. Hench, Cline, King & King, Columbus, David A. Nowak, Asst. Atty. Gen., Indianapolis, Joseph Thompson, Columbus, Caren Pollack, Stephenson & Kurnik, Indianapolis, William H. Stone, Columbus, for appellees-defendants.


BAKER, Judge.

This appeal calls on us to review the status of the immunity afforded judges and prosecutors in cases brought under the Indiana Tort Claims Act (ITCA).1 We must also review the application of ITCA's notice provisions to elected Sheriffs and their departments, and the application of Ind.Trial Rule 15(C) to a John Doe complaint brought under ITCA.

Plaintiff-appellant Sherry Hupp raises five restated issues for our review...

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