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NOBLE COUNTY v. ROGERS

No. 57S03-0003-CV-218.

745 N.E.2d 194 (2001)

NOBLE COUNTY et al., Appellants (Plaintiffs below), v. Crystal ROGERS, Appellee (Defendant below).

Supreme Court of Indiana.

March 27, 2001.

Attorney(s) appearing for the Case

Phillip A. Renz, Diana C. Bauer, Miller, Carson, Boxberger & Murphy, Fort Wayne, IN, Attorneys for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Jon Laramore, Deputy Attorney General, Indianapolis, IN, Attorneys for Amicus Curiae State of Indiana.

Crystal Rogers, Cromwell, IN, Pro Se.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

After a court overturned a restraining order that a county building inspector had obtained against Crystal Rogers, she sought damages under a trial rule that awards costs and damages to those wrongfully enjoined by governmental entities. Both the trial court and the Court of Appeals held that Rogers could recover under the trial rule despite the immunity provisions of the Indiana Tort Claims Act. We hold that Rogers...

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