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
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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