Robinett v. City of Indianapolis

Federal 7th Circuit Court
Civil Court
Attorney Fees
Citation
Case Number: 
No. 17-2609
Decision Date: 
July 9, 2018
Federal District: 
S.D. Indianapolis Div.
Holding: 
Affirmed

In section 1983 action alleging that defendants-City and police officer failed to intervene in domestic dispute between plaintiff-deceased and another police officer, Dist. Ct. did not err in denying defendant-police officer’s request that defendant-City reimburse officer for attorney fees under Indiana statute (section 34-13-4-1), where both defendants prevailed in section 1983 action. Instant indemnification statute requires public employer to pay defense costs in civil-rights action against employee only if employee was acting within scope of his employment when he committed act or omission. However, mere allegation in section 1983 complaint that officer was acting within scope of his employment did not trigger instant indemnification mandate, and Dist. Ct. found in section 1983 action (to which defendant officer did not contest) that officer was acting outside scope of his employment as private citizen (so as to preclude liability under section 1983) at time he failed to intervene to protect plaintiff. As such, officer was not entitled to reimbursement of his attorney fees under Indiana statute. (Dissent filed.)