Brewer v. Indiana Alcohol & Tobacco Commission
954 N.E.2d 1023
Ind. Ct. App.2011Background
- Brewer and his wife sue the Indiana ATC for false arrest, excessive force, and damages after a routine bar inspection.
- ATC excise officers entered The Wooden Nickel on June 14, 2003, for a routine underage/inventory check amid a crowd.
- Brewer confronted officers; he was escorted outside, where he was handcuffed with a double-cuff to ease his shoulder injury.
- Brewer alleges injuries from handcuffing and seeks compensatory damages; he also claims emotional and economic harm.
- A jury verdict favored ATC; Brewer appeals alleging evidentiary errors, lack of probable cause, and contributory negligence issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause sufficiency for arrest | Brewer lacked probable cause; officers were confrontational | Officers had probable cause based on Brewer's conduct during routine inspection | Probable cause found; not violated as a matter of law |
| Admissibility of psychological test data | Raw data unfairly prejudicial and improper | Data supported by psychologist's summary and was not objected to at closing | No reversible error; data supported by summary and no preserved objection |
| Exclusion of expert deposition testimony | Corbett’s expertise would aid understanding of crowd control | Lacked specific excise-police experience; limited value to the case | No reversible error; exclusion not prejudicial |
| Exclusion of no-charges evidence | Post-arrest charging decisions negate probable cause | Probable cause evaluated at arrest time, not post-arrest events | Exclusion proper; post-arrest charging not probative of probable cause |
| Contributory negligence instruction | Instruction mis-stated proximate/simultaneous cause | Instruction properly used with 'responsible cause' framework | Instruction 15 proper; combined with 16 properly informed jury about responsible cause |
Key Cases Cited
- Row v. Holt, 864 N.E.2d 1011 (Ind. 2007) (probable cause assessment at arrest time; post-arrest events not probative)
- Winebrenner v. State, 790 N.E.2d 1037 (Ind. Ct. App. 2003) (probable cause standard; case-specific facts required)
- Johnson v. State, 928 N.E.2d 893 (Ind. Ct. App. 2010) (preservation of error for evidentiary objections; closing arguments)
- McIntosh v. Cummins, 759 N.E.2d 1180 (Ind. Ct. App. 2001) (expert competency and weight go to credibility; admissibility varies by subject)
- Foster v. Owens, 844 N.E.2d 216 (Ind. Ct. App. 2006) (proximate cause terminology guidance; simultaneous fault concept discussed)
- Green v. Ford Motor Co., 942 N.E.2d 791 (Ind. 2011) (Model Civil Jury Instructions: use of 'responsible cause' terminology)
- Row v. Holt (duplicate listed above), 864 N.E.2d 1011 (Ind. 2007) (see above)