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Tuesday, April 24, 2007
Ind. Decisions - Supreme Court decides one today
In George Row v. Holly Holt, Herbert Houseworth, Town of Osgood, Indiana, et al, an 11-page, 5-0 opinion written by Justice Boehm, the Court holds:
1) An arrest by a law enforcement officer without probable cause can give rise to civil liability for false arrest under Indiana common law.2) Probable cause for purposes of civil liability for an arrest by a law enforcement officer is governed by the same standard imposed by the Fourth Amendment with respect to unlawful seizures and is evaluated in light of the information and circumstances available to the arresting officer at the time of the arrest.
3) An officer reasonably relying on information furnished by other officers is not civilly liable for false arrest even if the officer furnishing the information was not justified in considering it reliable. * * *
Conclusion The trial court’s grant of summary judgment in favor of the defendants is reversed as to Holt and the town of Osgood and affirmed as to the county defendants. This cause is remanded to the trial court for further proceedings consistent with this opinion.
Posted by Marcia Oddi on April 24, 2007 11:51 AM
Posted to Ind. Sup.Ct. Decisions