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Thursday, May 08, 2008
Ind. Decisions - "State court upholds Portage police response at residence"
Monday's NFP COA decision in the case of John Zane v. City of Portage and Clifford Brich, et al (see ILB summary here - 3rd case) is the subject of a story today by James D. Wolf Jr. in the Gary Post-Tribune that begins:
Portage police did not need a warrant to force their way into a man's home to retrieve his friend who'd been drinking for days, threatened suicide and had access to a bunker full of weapons, according to the Indiana Court of Appeals.Shooting the homeowner's 66-pound American Straffordshire Terrier, which is closely related to and resembles a pit bull terrier, was not excessive force, either, the memorandum decision stated.
The court filed its decision, upholding Porter County Judge Mary Harper's decision in a 2004 suit, on Monday.
The homeowner, John Zane sued for $30,000 for damages from shots fired, damage to the front door and from tear gas that made the house uninhabitable for a while.
The incident happened on Jan. 26, 2002, when Zane was out of town and a friend was staying in the residence, according to court records.
Posted by Marcia Oddi on May 8, 2008 09:31 AM
Posted to Ind. App.Ct. Decisions