Carver v. Crawford

I concur with the majority conclusion that Carver, in responding to a report of a possible suicide, was, as a matter of law, acting within the scope of his employment. I also agree that in doing so, he was enforcing a law.

The majority, however, rejects the holding of City of Wakaruse v. Holdeman (1990) 4th Dist., Ind.App., 560 N.E.2d 109, trans. pending, insofar as it honors a principle set forth in Seymour National Bank v. State (1981) Ind., 428 N.E.2d 208. Seymour stated that immunity does not exist for conduct "so outrageous as to be incompatible with the performance of the duty…