Torres v. Indiana Family & Social Services Administration

905 N.E.2d 24, 2009 Ind. App. LEXIS 741, 2009 WL 1154014
CourtIndiana Court of Appeals
DecidedApril 28, 2009
Docket49A04-0812-CV-719
StatusPublished
Cited by3 cases

This text of 905 N.E.2d 24 (Torres v. Indiana Family & Social Services Administration) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Torres v. Indiana Family & Social Services Administration, 905 N.E.2d 24, 2009 Ind. App. LEXIS 741, 2009 WL 1154014 (Ind. Ct. App. 2009).

Opinion

OPINION

BAKER, Chief Judge.

Today, we have the occasion to construe various provisions of the Workplace Violence Restraining Orders Act 1 (WVROA). Appellant-respondent Teresa Torres appeals the judgment entered in favor of appellee-petitioner Indiana Family and Social Services Administration (FSSA), claiming that the trial court erred in entering a workplace violence restraining order (restraining order) against her. Specifically, Torres alleges that the evidence was insufficient to establish that her actions could be construed as a credible threat of violence that would cause a reasonable person to fear for his or her safety within the meaning of the WVROA. Concluding that the trial court properly entered a restraining order against Torres, we affirm.

FACTS

Carol Baker is an employee of FSSA and serves as the assistant director of the Bureau of Rehabilitation Services. Bak er's duties include overseeing Indiana's independent living centers and providing administrative support to the Indiana Council on Independent Living (ICOIL). ICOIL *26 is a federally-mandated state council that oversees independent living services for people with disabilities in Indiana and facilitates interactions between the disabled individuals, independent living centers, and state agencies,. Baker, as a non-voting member of ICOIL, is required to attend the meetings and is the only FSSA employee permitted to attend.

Torres has attended ICOIL meetings since the 1990s, and is the director of Everybody Counts, Inc., an independent living center in northwestern Indiana. Torres was appointed by the Governor as an ICOIL member in 2005. Torres has a moderate hearing loss and cannot delineate sounds or hear people speaking under certain conditions unless she uses an assis-tive listening device. Baker has known Torres through ICOIL for approximately two years.

Baker and other ICOIL personnel have witnessed outbursts from Torres during various ICOIL meetings. Baker and several ICOIL members have seen Torres yell and curse at various attendees. On one occasion, Torres overturned a chair. Melissa Madill, an ICOIL member, witnessed Torres throw objects and engage in verbal outbursts during at least fifteen meetings prior to April 9, 2008. During several of the meetings, Baker had to have the Capitol Police intervene because she feared for her and others' safety in light of Torres's conduct.

At the ICOIL meeting that was conducted on April 9, 2008, Torres was provided with an assistive listening device but continued to have difficulty hearing. At this meeting, most of the ICOIL members-including Baker-were seated at a large elongated "U-shaped" table and Torres was seated in the first row of the audience facing the table. Tr. p. 24, 52-58, 55, 78, 110.

Throughout the meeting, Torres complained to ICOIL personnel that her listening device was not working. Torres eventually removed the hearing device and threw it at the table, stating "this piece of sh*t doesn't work and I'm tired of telling you." Tr. p. 47, 107-09. Torres stood up, continued to yell, and began pacing the room with clenched fists.

At some point, Torres picked up the end of an eight-foot table and dropped it to the floor. Thereafter, she threw or kicked a chair into the table to get everyone's attention. Madill, who was seated behind the table, left the room before the meeting adjourned because she was frightened of Torres and did not feel safe. Thereafter, Torres sereamed, "damn every one of you to hell" and "f* * * every one of you motherfu* * * *g sons of b* * * *es, I hope you all die. Do you hear me. I hope you die." Id. at 21.

ICOIL personnel adjourned the meeting because it could not conduct business in light of Torres' constant interruptions, outbursts, and use of foul language. Immediately after the adjournment, Torres jumped from her seat, started to yell again, and approached the table. Torres threw the listening device and charged toward Baker. Torres then leaned toward Baker and screamed: "And, you. You sit there just staring at me and not blinking. At least I don't have your disability. I'm not ugly. I just can't hear well." Id. at 15, 21-22, 43. Thereafter, Torres jerked a microphone from the table and grabbed a computer out of the hands of ICOIH's president, who is legally blind, and demanded to know who had purchased the equipment. Baker then called the Capitol Police to intervene because she felt threatened.

On June 18, 2008, FSSA filed a petition requesting a workplace violence restrain *27 ing order for the benefit of Baker. In relevant part, the petition alleged that

c. Respondent regularly attends monthly meetings of the Council for Independent Living in Marion County.
5. Defendant has ... made a credible threat of violence against the employee by knowing or willing statements or a course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family.
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b. Describe what happened (including the dates, who did what to whom, and any injuries): Respondent Teresa Torres has become verbally abusive, thrown metal objects, and approached Petitioner's employee, Carol Baker in a physically violent and threatening manner during several meetings of the Council for Independent Living meetings. Carol Baker is required to attend the council meetings during the course of her employment. Employee Carol Baker has also witnessed Torres throw objects at individuals who are seated next to Carol Baker. Details, including dates, time, and persons involved, are continued on Attachment 5b.
6. Employee will suffer great and irreparable harm before this petition can be heard in court unless the court makes those orders requested below effective now and until the hearing. (Specify the harm and why it will occur before the hearing): Employee and Respondent will be attending the same meeting to be held on the second Wednesday of each calendar month at the Indiana State Government Building, Indianapolis, Indiana.
7. Defendant's conduct has been directed against employee and is knowing and willful, is not constitutionally protected, and does not constitute lawful acts of self-defense or defense of others.

Appellant's App. p. 18-20. Baker also submitted an affidavit in support of the petition, detailing the specific facts and cireumstances of Torres's actions and conduct at the ICOIL meetings. Baker concluded that

due to Torres' verbal outbursts and acts of physical aggression directed towards me I am fearful for my safety. I am also concerned that Torres may commit a battery on me in the future if she is not restrained from coming near me while I am at work, going to and from work, and at home.

Id. at 25.

The trial court conducted hearings on the petition on June 27, 2008, and July 25, 2008. Thereafter, the trial court granted FSSA's request and issued the restraining order against Torres that is to expire on August 1, 2009. The trial court determined that

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905 N.E.2d 24, 2009 Ind. App. LEXIS 741, 2009 WL 1154014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-indiana-family-social-services-administration-indctapp-2009.