Legal Opinion

City of South Bend v. Fleming

Indiana Court of Appeals

Decided December 20, 1979No. 3-1278A334PublishedCited by 19 opinions

1Opinion of the Court

HOFFMAN, Judge.

Ted Fleming suffered a tear in the left biceps tendon when he was arrested for disorderly conduct and public intoxication by five South Bend police officers. His injury occurred as the result of his attempt to avoid being handcuffed during the course of the arrest.

In the resulting suit against the City of South Bend and the five individual officers (hereinafter collectively referred to as the City), a jury awarded Ted Fleming $15,000 for personal injuries and also awarded Jeanette Fleming, his wife, $5,000 for loss of services of her husband.

The City argues on appeal that the…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Plummer v. StateIndiana Supreme Court · 1893
  2. Bonahoon v. StateIndiana Supreme Court · 1931
  3. Scott E. Banish v. William J. LocksCourt of Appeals for the Seventh Circuit · 1969
  4. New York Central Railroad Co. v. KnollIndiana Court of Appeals · 1965
  5. Whited v. StateIndiana Supreme Court · 1971

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Wilson v. IsaacsIndiana Supreme Court · 2010
  2. Gomez v. AdamsIndiana Court of Appeals · 1984
  3. Fidler v. City of IndianapolisDistrict Court, S.D. Indiana · 2006
  4. Garrett v. City of BloomingtonIndiana Court of Appeals · 1985
  5. James Meyer v. Lana J. Robinson, Individually and as a Police Officer of the City of LawrenceCourt of Appeals for the Seventh Circuit · 1993

14 more not listed; retrieve them via the Exa API.

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