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CULVER-UNION TP. AMBULANCE v. STEINDLER

No. 50S04-9403-CV-216.

629 N.E.2d 1231 (1994)

CULVER-UNION TOWNSHIP AMBULANCE SERVICE; MARVALENE LEFFERT, As Trustee of Union Township, Marshall County, Indiana; Bernard Bursart, As President of the Culver Town Board, Appellants (Defendants below), v. Barbara STEINDLER, As Executrix of the Estate of Rolin G. Popplewell, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 7, 1994.

Attorney(s) appearing for the Case

Steven P. Polick, Steven P. Polick & Associates, Merrillville, for Marvalene Leffert.

Michael R. Morow, Stephenson and Kurnik, Indianapolis, for Culver-Union & Bernard Bursart.

Roger A. Weitgenant, Blachly, Tabor Bozik & Hartman, Valparaiso, for appellee.

Richard A. Waples, Bette J. Dodd, Indiana Civil Liberties Union, Indianapolis, for amicus curiae.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

This case asks whether a decedent's estate can maintain causes of action for wrongful death and under 42 U.S.C. § 1983 against a township ambulance service in the face of motions to dismiss and for judgment on the pleadings. We hold that the wrongful death claim may be maintained but the § 1983 action may not.

Facts

On September 6, 1988, Popplewell allegedly suffered a heart attack...

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