Sec. 4. (a) The combined aggregate liability of all
governmental entities and of all public employees, acting within the
scope of their employment and not excluded from liability under
section 3 of this chapter, does not exceed:
(1) for injury to or death of one (1) person in any one (1)
occurrence:
(A) three hundred thousand dollars ($300,000) for a cause of
action that accrues before January 1, 2006;
(B) five hundred thousand dollars ($500,000) for a cause of
action that accrues on or after January 1, 2006, and before
January 1, 2008; or
(C) seven hundred thousand dollars ($700,000) for a cause of
action that accrues on or after January 1, 2008; and
(2) for injury to or death of all persons in that occurrence, five
million dollars ($5,000,000).
(b) A governmental entity or an employee of a governmental entity
acting within the scope of employment is not liable for punitive
damages.
[Pre-1998 Recodification Citation: 34-4-16.5-4.]
As added by P.L.1-1998, SEC.8. Amended by P.L.108-2003,
SEC.2; P.L.161-2003, SEC.6; P.L.97-2004, SEC.114.
Notes of Decisions
Turner v. Sheriff of Marion Cnty., 94 F. Supp. 2d 966 (S.D. Ind. 2000).
· cites it 8× “Indiana Code § 35-33-5-7(e) provides a statutory cause of action for the defendants’ mistaken entry: A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such…”
Laporte Cmty. Sch. Corp. v. Rosales, 963 N.E.2d 520 (Ind. 2012).
· cites it 4× “The jury returned a $5 million verdict for the plaintiff, and judgment was entered in the sum of $500,000the maximum amount then permitted under the Indiana Tort Claims Act, Indiana Code Section 34-13-3-4. The School Corporation appealed, claiming that the trial court erred in…”
Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006).
· cites it 2× “I.C. § 34-13-3-4(b); cf. 28 U.S.C. § 2674 .”
Durham Ex Rel. Est. of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001).
“1-8-4 (1998) (recovery from auctioneer fund may not include punitive damages award); § 34-13-3-4 (Tort Claims Act bars punitive damages); § 34-23-1-2 (barring punitive damages under unmarried adult with no dependent wrongful death statute).”
Harrison v. Veolia Water Indianapolis, LLC, 929 N.E.2d 247 (Ind. Ct. App. 2010).
· cites it 2× “I.C. § 34-13-3-4. Additionally, ITCA provides a time period for notifying a government entity of a potential elaim that is much shorter than the statute of limitations for tort actions.”
Reiner v. Dandurand, 33 F. Supp. 3d 1018 (N.D. Ind. 2014).
“Defendants further' contend that punitive damages under § 1983 are unavailable against Defendant Officers because of the subjective reasonableness of their actions.”
Est. of Vandam v. Daniels, 278 F.R.D. 415 (S.D. Ind. 2011).
· cites it 13× “Further, Plaintiffs allege that certain damages caps established by Indiana Code § 34-13-3-4 — a portion of the Indiana Tort Claims Act — violate these Fourteenth Amendment rights as well as Article 1, Section 12 of the Indiana Constitution.”
Est. of Moreland v. Dieter, 576 F.3d 691 (7th Cir. 2009).
“The $300,000 cap is incorporated by reference from Ind.Code § 34-13-3-4. The Estate argues that the $300,000 cap does not apply, but the Estate's restrictive interpretation would read the cross-reference out of the code.”
Banks v. Brown, 876 N.E.2d 335 (Ind. Ct. App. 2007).
· cites it 4× “” Ind.Code § 34-13-3-4(b). Accordingly, Ind.”
Ind. Code § 34-13-3-4(a): 1 case
Est. of Vandam v. Daniels, 278 F.R.D. 415 (S.D. Ind. 2011).
“Further, Plaintiffs allege that certain damages caps established by Indiana Code § 34-13-3-4 — a portion of the Indiana Tort Claims Act — violate these Fourteenth Amendment rights as well as Article 1, Section 12 of the Indiana Constitution.”
Ind. Code § 34-13-3-4(b): 3 cases
Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006).
“I.C. § 34-13-3-4(b); cf. 28 U.S.C. § 2674 .”
Banks v. Brown, 876 N.E.2d 335 (Ind. Ct. App. 2007).
“” Ind.Code § 34-13-3-4(b). Accordingly, Ind.”
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