September 20, 2021

Volume XI, Number 263

Advertisement

September 20, 2021

Subscribe to Latest Legal News and Analysis

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

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

© 2021 BARNES & THORNBURG LLPNational Law Review, Volume I, Number 240
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Mark Crandley Litigation Attorney
Partner

Appellate adviser and litigator Mark Crandley is at his best when faced with high-stakes claims that involve issues of critical importance and concern. After nearly two decades of practice, Mark knows what does and does not work. Clients and colleagues alike rely upon him for his judgement and leadership throughout the dispute resolution process.

Mark focuses his practice on appeals, constitutional and government law, commercial litigation, and the resolution of probate disputes. He has represented government entities and businesses in courts across the country, and is valued for...

317-261-7924
Advertisement
Advertisement
Advertisement