Fox v. Rice
2010 Ind. App. LEXIS 2055
| Ind. Ct. App. | 2010Background
- Fox appeals summary judgment for WCCC on false arrest, false imprisonment, Indiana constitutional rights, and 42 U.S.C. § 1983 Fourth Amendment claims.
- ITCA tort claim notice deadline is 180 days after the loss, tolled if incapacitated; Fox filed after the 180 days expired.
- Fox was held under a 1998 modified probation (home detention) while later incarcerated for 1998 child molestation; court never tied those orders to the WCCC hold.
- In 2004 Fox was detained by WCCC on a still-valid hold, challenged by Fox but with no clear court order releasing him; warrant issued Sept. 21, 2004.
- Fox released on Nov. 4, 2004; Tort Claims Notice filed May 3, 2005; district court granted summary judgment to WCCC; Fox appeals.
- Court holds ITCA bar applies, continuing wrong doctrine and incapacitation arguments fail, and federal claim lacks genuine issue of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of ITCA tort notice | Fox argues notice starts Nov. 4, 2004 when released. | Notice accrued on the wrongful detention began Sept. 21, 2004 when served with arrest warrant. | Notice period started Sept. 21, 2004; expired before May 3, 2005. |
| Incapacitation tolling | Fox was incapacitated during imprisonment, tolling 180-day deadline. | Incarceration alone does not establish incapacity; no evidence of actual incapacity. | Incapacity not proven; ITCA bar remains. |
| Continuing wrong doctrine | Ongoing imprisonment constitutes continuing wrong starting earlier. | Discovery of a cause of action does not extend ITCA period if facts suggest otherwise. | Continuing wrong doctrine inapplicable. |
| Federal Fourth Amendment claim viability | WCCC's acts caused false imprisonment; municipal liability may attach. | No policy, practice, or final policymaker authority shown to impose liability. | No genuine issue of material fact; WCCC not liable; judgment affirmed. |
Key Cases Cited
- Wallace v. Kato, 549 U.S. 384 (U.S. 2007) (end of false imprisonment begins when legal process starts, not release date)
- Johnson v. Blackwell, 885 N.E.2d 25 (Ind. Ct. App. 2008) (imprisonment ends false imprisonment when service of process occurs)
- Cantrell v. Morris, 849 N.E.2d 488 (Ind.2006) (municipal liability standards for official policy or custom)
- Walker v. Sheahan, 526 F.3d 973 (7th Cir.2008) (municipal liability: policy, custom, or final policymaker authority)
- Crowe, Chizek, & Co. v. Oil Tech., Inc., 771 N.E.2d 1203 (Ind.Ct.App.2002) (evidence required for policy-based liability must show more than a single incident)
- McGill v. Indiana Dept. of Corr., 636 N.E.2d 199 (Ind.Ct.App.1994) (incapacitation defense under ITCA requires particular facts; not per se)
- Wragg v. Thornton, 604 F.3d 464 (7th Cir.2010) (final policymaking authority factors in municipal liability analysis)
- Calhoun v. Ramsey, 408 F.3d 375 (7th Cir.2005) (absence of policy or practice evidence requires caution in inferring liability)