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June 17, 2013

Indiana Supreme Court Extends Law Enforcement Immunity To City In Dog Bite Case

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Mark J. Crandley
Barnes & Thornburg LLP
Sunday, August 28, 2011
Administrative & Regulatory / Civil Procedure / Litigation / Trial Practice / Personal Injury / Professional / Malpractice / Public Education & Services
Indiana
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The Indiana Supreme Court has limited local government liability for dog bites under the Indiana Tort Claims Act.

In Davis v. Animal Control – City of Evansville, the Court unanimously held that plaintiffs cannot sue local governments for failure to enforce local animal control ordinances because those claims are barred by the law enforcement immunity under the Tort Claims Act.  In Davis, the City of Evansville was on notice that a dog was vicious. Evansville’s animal control ordinance required the removal of the animal.  Unfortunately, the animal was not captured and ultimately bit a young child.  The Court concluded that the crux of the plaintiff’s claim was that Evansville had failed to properly enforce the animal control ordinance and held that a claim based on this failure was barred by the law enforcement immunity applicable under the Tort Claims Act.

The Court’s full opinion can be found at: http://www.in.gov/judiciary/opinions/pdf/06211101fsj.pdf

© 2013 BARNES & THORNBURG LLP

About the Author

Mark J. Crandley
Partner

Mark Crandley is a partner in the Litigation Department of Barnes & Thornburg LLP’s Indianapolis, Indiana office. Mr. Crandley has a diverse practice that concentrates on appeals, municipal and constitutional law, employee benefits, probate and guardianship matters as well as general commercial litigation.

mark.crandley@btlaw.com
317-261-7924
www.btlaw.com

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