 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Robins v. Harris12/15/2000
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-plaintiff Tammy Robins appeals the trial court's grant of summary judgment in favor of appellees-defendants, William Harris (as Sheriff of Vigo County), and C. Joseph Anderson, James Diehl, and Bill Decker (as Commissioners of Vigo County) on her sexual assault claim against them and a former corrections officer of the Vigo County Jail, Michael Soules. We consolidate and restate Robins's contentions to a single claim, that is, whether Sheriff Harris and the Commissioners may be liable for the intentional wrongs that Soules committed against Robins.
FACTS
On December 12, 1996, Sheriff Harris hired Soules as a jail officer of the Vigo County Jail. Twelve days after his hire, Soules was working third shift when he introduced himself to the inmates on the female cellblock. According to Robins's deposition, she and another inmate, Martha Custer, "flashed" him by lifting up their shirts and showing him their breasts. Record at 213. They also took off their clothes in front of a camera, so that Soules could watch over a monitor. R. at 214.
At one point during the evening, Soules told everybody to "lock down," meaning that all the inmates were to be locked into their cells. R. at 223. Soules was authorized to perform such a function in accordance with the jail manual provisions allowing a jailer to control inmate movement in security areas and control jail locking systems. R. at 173. Soules told the inmates that he would let them out in a few minutes. During this lock down, he summoned Custer out of her cell. She left her cell, and upon her return, Custer told Robins that Soules "wants you out there." R. at 216.
When Custer was locked down, Robins went into the cellblock area and waited for Soules. Soules grabbed Robins by the arm and brought her into the shower room. While in a shower stall, Robins performed fellatio on Soules.
Though Soules initially denied the allegations, two days later on December 26, 1996, he admitted them to Sheriff Harris and immediately resigned his position. After a state police investigation, Soules was charged with both sexual misconduct by a service provider, in violation of Ind. Code § 35-44-1-5, and official misconduct, in violation of Ind. Code § 35-44-1-2. Soules pled guilty to the official misconduct charge, as a class A misdemeanor, in exchange for the dismissal of the charge for sexual misconduct by a service provider, which is punishable as a class D felony.
On December 16, 1997, Robins initiated suit against Sheriff Harris, the Commissioners, and Soules, alleging that they were liable for injuries she suffered by Soules's act. Sheriff Harris and the Commissioners later filed a motion for summary judgment, asserting that they were entitled to a judgment as a matter of law because they were not responsible for Soules's acts and did not breach any duty owed to Robins. R. at 72. On June 23, 1999, the trial court conducted a summary judgment hearing. Pursuant to Ind. Trial Rules 54(B) and 56(C), the trial court granted summary judgment to Sheriff Harris and the Commissioners. Robins now appeals.
ISSUES AND ARGUMENTS
I. Standard of Review
When reviewing a grant of summary judgment, this court applies a well-settled standard of review. A trial court properly grants summary judgment when the "designated evidentiary matter shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." T.R. 56(C). The moving party bears the burden of specifically designating materials that make a prima facie showing that there are no genu
Page 1 2 3 4 5 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|