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ROBINS v. HARRIS

No. 84A01-0002-CV-57.

743 N.E.2d 1142 (2001)

Tammy ROBINS, Appellant-Plaintiff, v. William HARRIS, as Sheriff of Vigo County, C. Joseph Anderson, James Diehl, Bill Decker, as Commissioners of Vigo County, Indiana, and Michael Soules, Appellees-Defendants.

Court of Appeals of Indiana.

February 9, 2001.

Attorney(s) appearing for the Case

William G. Brown, Brown & Somheil, Brazil, IN, Attorney for Appellant.

James S. Stephenson, Stephenson Daily Morow & Kurnik, Indianapolis, IN, Attorney for Appellees William Harris, C. Joseph Anderson, James Diehl and Bill Decker.

Edward Liptak, Bloomington, IN, Attorney for Appellee Michael Soules.

OPINION ON REHEARING

BAKER, Judge

In this case, an inmate of the Vigo County Jail sued Sheriff William Harris and the Commissioners of Vigo County for a sexual assault committed by a jailer, Michael Soules. In addressing her claim, we unanimously1 held, "As a result of an inmate's substantial dependency and the extraordinary control jailers wield over prisoners ... inmates are not precluded from recovering damages from a sheriff...

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