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WILLIAMS v. THARP

No. 29A02-1003-CT-283.

934 N.E.2d 1203 (2010)

Thomas WILLIAMS and Sanford Kelsey, Appellants-Plaintiffs, v. Kelly Eugene THARP and Papa John's U.S.A., Inc., Appellees-Defendants.

Court of Appeals of Indiana.

September 30, 2010.

Attorney(s) appearing for the Case

Arend J. Abel , Michael J. Blinn , Cohen & Malad, LLP, Indianapolis, IN, Attorneys for Appellants.

Julia Blackwell Gelinas , John M.T. Chavis, II , Lucy R. Dollens , Frost Brown Todd LLC, Indianapolis, IN, Attorneys for Appellee, Kelly Eugene Tharp.

John B. Drummy , Mark D. Gerth , Jeffrey D. Hawkins , Kightlinger & Gray, LLP, Indianapolis, IN, Attorneys for Appellee, Papa John's U.S.A., Inc.

OPINION

CRONE, Judge.

Case Summary

Thomas Williams and Sanford Kelsey were handcuffed and detained for over an hour in Williams's driveway after Kelly Eugene Tharp, a Papa John's pizza delivery driver, told a passerby and a police officer that Kelsey had "pulled a gun" inside the Papa John's restaurant where Kelsey and Williams had recently paid for and picked up their pizza. Police searched Williams and Kelsey in full view of their families and...

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