Dist. Ct. did not err in granting motion for summary judgment filed by certain defendants in plaintiff’s action alleging false arrest, malicious prosecution and civil conspiracy arising out of police investigation and arrest of plaintiffs-physicians and employees of company that treated individuals with opioid addiction with controlled substance prescriptions. Indiana courts issued arrest warrants for plaintiffs, and defendants otherwise had probable cause to arrest plaintiffs-physicians and certain non-medical employees of plaintiffs’ business, where police investigation revealed that said plaintiffs had dispensed Suboxone that was used to treat opioid addiction without having personally examined patients and in some circumstances issued said prescriptions without patient having seen any physician in contravention to Indiana law. However, reversal was required with respect to claims of one plaintiff, where said plaintiff was not medical provider, and where police lacked any evidence that said plaintiff, who worked in parking lot of instant business, had participated or was aware that other plaintiffs were dispensing prescriptions for controlled substance without patient having seen physician.
Federal 7th Circuit Court
Civil Court
False Arrest