ROW v. HOLT

No. 15S01-0606-CV-239.

864 N.E.2d 1011 (2007)

George ROW, Appellant (Plaintiff below), v. Holly HOLT, Herbert Houseworth, Town of Osgood, Indiana, William Dramann, Sheriff of Ripley County, Indiana, Ripley County, Indiana, Board of Commissioners of Ripley County, Indiana, Appellees (Defendants below).

Supreme Court of Indiana.

April 24, 2007.


Attorney(s) appearing for the Case

George A. Leininger, Gary K. Kemper, Madison, IN, Attorneys for Appellant.

Donald B. Kite, Sr., Carmel, IN, Attorney for Appellees Herbert S. Houseworth, William H. Dramann Ripley County, Indiania, and Board of Commissioners of Ripley County, Indiana.

Kirk A. Horn, Carmel, IN, Attorney for Appellees Holy Holt and the Town of Osgood.

A. Howard Williams, South Bend, IN, Attorney for Amicus Indiana Sheriff's Association.

Jon Laramore, A. Scott Chinn, Indianapolis, IN, Attorneys for Amici Indiana Association of Cities and Towns and Indiana Municipal Lawyers Association.


On Petition To Transfer from the Indiana Court of Appeals, No. 15A01-0409-CV-405

BOEHM, J.

We hold that:

1) An arrest by a law enforcement officer without probable cause can give rise to civil liability for false arrest under Indiana common law. 2) Probable cause for purposes of civil liability for an arrest by a law enforcement officer is governed by the same standard imposed by the Fourth Amendment with respect to unlawful seizures and...

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