Indiana Department of Correction v. Hulen

SHEPARD, Chief Justice.

Need a State agency waive the client-attorney privilege it has with the Attorney General in order to prevail on a motion to dismiss a tort action? We hold that it need not.

Appellee Terry Hulen brought a small claims action against the Department of Correction and the Indiana State Prison to recover damages for items of personal property which he says were lost or stolen while in their possession. The trial court rendered judgment for Hulen.

On appeal, the Court of Appeals affirmed the judgment, except for the entry of costs against the State. Indiana Department of…