So this basically boils down to the gun was property of the Sheriff's Department, so they are responsible?
If he had been on duty and had thrown her a personal weapon would they have been able to sue the Sheriff's Department as well?
As her husband, is he part of the estate? Could this lead to him getting part of any settlements based on his actions? Civil court is fun.
As far as I know, the law is not crystal clear. Did she die intestate? Don't know, but also don't know if it matters on this issue. In Indiana, one can not completely disinherit their spouse (under most circumstances). What I do know is that when a person murders another, they can not benefit from the murder as a beneficiary of the Estate or under any life insurance policies. This is not that. However, there is some common law about being a "constructive trustee" that may come into play. This is a very interesting issue.
...Always follow the money
I'm sure the Sheriff doesn't endorse employees putting the habeus grabbus on spouses/significant others during arguments at home.
This is a very interesting issue.
Probably not as a matter of general spousal relations, but it appears not in dispute that she tried to grab the gun while he was wearing it. I would bet it is Sheriff's policy for his deputies to not let people take their guns, regardless of circumstances or duty status. I would also bet there is not a policy that says "sure, give your sidearm to spouses threatening suicide."... I'm sure the Sheriff doesn't endorse employees putting the habeus grabbus on spouses/significant others during arguments at home.
... This is a very interesting issue.
This is lawyer-speak for "ka-CHING!".
Sad story in so many ways, but in the end it's about one thing.
Always follow the money
but what else could civil court be about?
I know you like posting that...but what else could civil court be about?
Oh! Oh! I know! Call on me, teacher! I'm ever so smart!
*sigh* Go ahead.
*stands up, fold hands in front*
Well, for example: child custody, CHINS, TPRs, property lines disputes, title as to property, adverse possession, specific performance on contracts, probate (usually money, but can be about title), inter alia.