Robins v. Harris

769 N.E.2d 586, 2002 Ind. LEXIS 478, 2002 WL 1264140

• Court: Indiana Supreme Court
• Decided: June 6, 2002
• Docket: 84S01-0106-CV-315
• Status: Published

Opinions

On Petition To Transfer

DICKSON, Justice.

In this personal injury case, the plaintiff-appellant, Tammy Robins, sought damages, alleging that deputy Michael Soules sexually assaulted her while she was an inmate at the Vigo County Jail.¹ The trial court granted summary judgment for the Sheriff and the County Commissioners. The Court of Appeals affirmed summary judgment for the Commissioners, but reversed summary judgment for the Sheriff and directed the entry of partial summary judgment for Robins, holding "that Sheriff Harris is lable for the assault committed by Soules against Robins and that the Commissioners are not liable for Robin's alleged injuries." Robins v. Harris, 740 N.E.2d 914, 919 (Ind.Ct.App.2000), aff'd on reh'g, 743 NE.2d 1142 (Ind.Ct.App.2001). Chief Judge Sharpnack dissented from both the original majority opinion and the opinion after rehearing on the issue of consent as a defense to the battery claim. 740 N.E.2d at 919-20, 748 N.E.2d at 1148. The Sheriff petitioned for transfer, which we granted, Robins v. Harris, 758 N.E.2d 17 (Ind.2001)(table), thereby automatically vacating the opinion of the Court of Appeals pursuant to Indiana Appellate Rule 58(A). |

Six months after filing his petition for transfer, the Sheriff and the County Commissioners filed a Motion to Dismiss Appeal, reporting that "the parties have entered into a settlement agreement, terminating this litigation" and that the attorneys for appellant Tammy Robins and appellee Michael Soules have authorized the dismissal pursuant to settlement. Having previously granted transfer for the purpose of addressing the issue of consent as a defense, thereby vacating the opinion of the Court of Appeals and transferring jurisdiction of this appeal to this Court, we now summarily affirm ² the original and rehearing opinions of the Court of Appeals except as to the availability of consent as a defense to the claim of battery, and we grant the motion to dismiss the appeal.

The appeal is dismissed.

SHEPARD, C.J., and BOEHM and RUCKER, JJ., concur. SULLIVAN, J., dissents with separate opinion.

1 . Soules admitted to the sexual conduct and pled guilty to official misconduct, a class A misdemeanor. Soules did not join the other defendants' motion for summary judgment. 'For additional facts, see the Court of Appeals decision, Robins v. Harris, 740 N.E.2d 914 (Ind.Ct.App.2000).

2 . App.R. 58(A).