Sheriff Dept. NOT liable for deputy's wife's suicide

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  • HoughMade

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    Oct 24, 2012
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    Valparaiso
    It seemed like we talked about this here, but I couldn't find it.

    Long story short, in the trial court, the Harrison County Sheriff's Dept. was held liable for the suicide of a deputy's wife after an argument on the basis that him having the gun (which he had tossed on the bed during the argument after she threatened to kill herself) was due to his employment and that, therefore, his action in tossing the gun on the bed, giving her access to it was in the course and scope of his employment. Yeah. I know.

    The Court of Appeals reversed finding that at the time of the argument and suicide, the deputy was acting, completely, as a private citizen, not in his capacity as a deputy.

    http://www.in.gov/judiciary/opinions/pdf/01311701jb.pdf
     
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    T.Lex

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    Mar 30, 2011
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    It seemed like we talked about this here, but I couldn't find it.

    Too much time in natural language search, not enough terms and connectors. ;)

    https://www.indianagunowners.com/fo...t-firearm-case-sheriff-dept-found-liable.html

    this is the correct decision.

    Glad they fixed it. Was it a bench or jury trial originally?


    Well, I guess this is why we have the Court of Appeals.

    Indeed.

    Wow. That is a messed up case.

    Juries sure are fickle beasts.
     

    Twangbanger

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    ...The Court of Appeals reversed finding that at the time of the argument and suicide, the deputy was acting, completely, as a private citizen, not in his capacity of a deputy...

    Was there supposed to be an additional comma in that paragraph?
     

    Amishman44

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    Woodburn
    Sad, really, that the wife took her own life...but I agree, that it was her choice, not his, that led to her own death!

    My question is, did he have the ability to recognize when an individual was in such an emotional state that he/she would actually cause grave bodily harm and/or death to themselves...and whether he had/lacked the training and/or the mens rea in order to do so?
     
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