Indiana Code

Ind. Code § 36-8-10-4 (2026)

County police force; creation; membership; budget and salaries

✓ current as of May 2026
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     Sec. 4. (a) A county police force is established in each county. The members are employees of the county, and the sheriff of the county shall assign their duties according to law.

     (b) The expenses of the county police force are a part of the sheriff's department budget. The board may recommend the number and salary of the personnel, but the county fiscal body shall determine the budget and salaries.

     (c) The county shall furnish to the sheriff and the sheriff's full-time paid county police officers the uniforms or other clothing they need to perform their duties. However, after one (1) year of service in the sheriff's department, a sheriff or county police officer may be required by the county to furnish and maintain the sheriff's or county police officer's own uniform clothing upon payment to the sheriff or county police officer by the county of an annual cash allowance of at least two hundred dollars ($200).

[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 17-3-14-3; subsection (c) formerly 17-3-11-2.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.131-1983, SEC.13; P.L.127-2017, SEC.263.

 

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1987–2024 · leading case: Murray v. Hamilton Cnty. Sheriff's Dep't, 690 N.E.2d 335 (Ind. Ct. App. 1997).
Murray v. Hamilton Cnty. Sheriff's Dep't, 690 N.E.2d 335 (Ind. Ct. App. 1997). · cites it 10× “Section 3 of the Act (now Ind.Code § 36-8-10-4) created a "county police force" in each county which elected to create a merit board.”
Delk v. Bd. of Com'rs of Delaware Cnty., 503 N.E.2d 436 (Ind. Ct. App. 1987). · cites it 2× “Further, because the deputies are under the control of the Sheriff of Delaware County, Ind.Code Ann. § 36-8-10-4(a) (Burns Supp.”
Thompson v. Hays, 867 N.E.2d 654 (Ind. Ct. App. 2007). · cites it 4× “Indiana Code section 36-8-10-4(a) provides that “[a] county police force is established in each county.”
Markley v. Walters, 790 F. Supp. 190 (N.D. Ind. 1992). “Ind.Code 36-8-10-4(b). Therefore, if Markley’s complaint against the members of the Grant County Council is based upon the council’s failure to fund the jail, the council members are immune from such a claim.”
Santos v. Cnty. of Lake, Indiana (N.D. Ind. 2020). · cites it 13× “” Ind. Code § 36-8-10-4 (a) (emphasis added).”
JAMES A. CASSITY v. State of Indiana (Ind. Ct. App. 2023). · cites it 2× “§ 36-8-4-4 (uniforms provided by a city remain the property of the city); I.C. § 36-8-10-4 (a county police force is established in each county and the county is to provide officers with uniforms).”
Royer v. Elkhart City of (N.D. Ind. 2023). · cites it 2× “First, the Court finds that because Elkhart County has no duty to supervise, hire, discipline, or train deputy sheriffs, the claims in Counts XII and XIV against Elkhart County must be dismissed.”
Mahoney v. Beacon Health Ventures (N.D. Ind. 2022). “§ 36-8-10-4(a). A county jail is the “domain” of the county sheriff, and because of the sheriff’s independence, the sheriff’s actions aren’t attributed to the county or the county council.”
Dougherty v. Cnty. of Vermillion, Indiana (S.D. Ind. 2024). “§ 36-8-10-4(a). Moreover, Deputies Strader and Vaughn testified that they are not final policymakers.”
Martin v. Carraway, 712 N.E.2d 1055 (Ind. Ct. App. 1999). · cites it 2× “Ind.Code §§ 36-8-10-4(a), 10; Murray, 690 N.”
Ind. Code § 36-8-10-4(a): 7 cases
Murray v. Hamilton Cnty. Sheriff's Dep't, 690 N.E.2d 335 (Ind. Ct. App. 1997). “Section 3 of the Act (now Ind.Code § 36-8-10-4) created a "county police force" in each county which elected to create a merit board.”
Delk v. Bd. of Com'rs of Delaware Cnty., 503 N.E.2d 436 (Ind. Ct. App. 1987). “Further, because the deputies are under the control of the Sheriff of Delaware County, Ind.Code Ann. § 36-8-10-4(a) (Burns Supp.”
Thompson v. Hays, 867 N.E.2d 654 (Ind. Ct. App. 2007). “Indiana Code section 36-8-10-4(a) provides that “[a] county police force is established in each county.”
Santos v. Cnty. of Lake, Indiana (N.D. Ind. 2020). “” Ind. Code § 36-8-10-4 (a) (emphasis added).”
Mahoney v. Beacon Health Ventures (N.D. Ind. 2022). “§ 36-8-10-4(a). A county jail is the “domain” of the county sheriff, and because of the sheriff’s independence, the sheriff’s actions aren’t attributed to the county or the county council.”
Ind. Code § 36-8-10-4(b): 2 cases
Markley v. Walters, 790 F. Supp. 190 (N.D. Ind. 1992). “Ind.Code 36-8-10-4(b). Therefore, if Markley’s complaint against the members of the Grant County Council is based upon the council’s failure to fund the jail, the council members are immune from such a claim.”
Santos v. Cnty. of Lake, Indiana (N.D. Ind. 2020). “” Ind. Code § 36-8-10-4 (a) (emphasis added).”
Ind. Code § 36-8-10-4(c): 1 case
Thompson v. Hays, 867 N.E.2d 654 (Ind. Ct. App. 2007). “Indiana Code section 36-8-10-4(a) provides that “[a] county police force is established in each county.”
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