Legal Opinion
Ellsworth v. Mockler
District Court, N.D. Indiana
Decided January 12, 1983No. S 81-321PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SHARP, Chief Judge.
The question here presented is whether this Court can exercise jurisdiction under 42 U.S.C. § 1983 for a claim based on the alleged negligence of the operator of a state owned automobile for damages for wrongful death sustained in an intersectional collision.
A brief statement of the facts and procedural history will suffice.
In the early morning hours of July 11, 1981 the defendant, Randall Mockler, was a duly appointed deputy sheriff of Elkhart County, Indiana, and was operating a motor vehicle owned by Elkhart County, Indiana. There is no dispute that…
2Cases cited28 opinions
- Parratt v. TaylorSupreme Court of the United States · 1981
- Baker v. McCollanSupreme Court of the United States · 1979
- Paul v. DavisSupreme Court of the United States · 1976
- Procunier v. NavaretteSupreme Court of the United States · 1978
- Donald L. Hays, Jr., and Michael C. Potter, Cross-Appellants v. Jefferson County, Kentucky, Wilbur Bilyeu and Russell McDaniel Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1982
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3Cited by3 opinions
- Timko v. City of HazletonDistrict Court, M.D. Pennsylvania · 1986
- Ellsworth v. MocklerDistrict Court, N.D. Indiana · 1983
- Simpson v. BroglinDistrict Court, N.D. Indiana · 1985