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ATTORNEY FOR APPELLANTS
William E. Beck II Kokomo, Indiana Whitney K. Beck Student Legal Intern Kokomo, Indiana

ATTORNEYS FOR APPELLEES
Ian L. Stewart Michael R. Morow Stephenson Morow & Semler Indianapolis, Indiana

ATTORNEYS FOR AMICUS CURIAE
Office of the Attorney General Gregory F. Zoeller Attorney General of Indiana Thomas M. Fisher Solicitor General Heather L. Hagan Deputy Attorney General Ashley E. Tatman Deputy Attorney General Indianapolis, Indiana

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Indiana Supreme Court
_________________________________ No. 09S05-1003-CV-149 RICHARD PATRICK WILSON AND BILLY DON WILSON, v.

In the

FILED
Jun 28 2010, 10:34 am
of the supreme court, court of appeals and tax court

CLERK

Appellants (Plaintiffs below),

GENE ISAACS, SHERIFF OF CASS COUNTY, AND BRAD CRAVEN, Appellees (Defendants below). _________________________________ Appeal from the Cass Superior Court, No. 09D01-0708-CT-13 The Honorable Thomas C. Perrone, Judge _________________________________ On Transfer from the Indiana Court of Appeals, No. 09A05-0906-CV-344 _________________________________ June 28, 2010 Dickson, Justice.

In this action for damages the plaintiffs allege that Deputy Brad Craven of the Cass County Sheriff's Department discharged his taser gun into Richard Patrick Wilson three times,

two of which occurred after Wilson was laying immobile on the ground. Seeking immunities under the Indiana Tort Claims Act, the defendants obtained summary judgment from the trial court. The Court of Appeals affirmed the summary judgment for the Deputy, but reversed summary judgment as to the Sheriff. Wilson v. Isaacs, 917 N.E.2d 1251, 1258 (Ind. Ct. App. 2009). Both defendants sought transfer, challenging the partial reversal of summary judgment.1 We hold that a law enforcement officer's use of force in excess of the reasonable force authorized by statute is not shielded from liability under the "enforcement of a law" immunity provided in Indiana Code

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