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eBook details

• Title: Demuth Kellogg v. City Gary
• Author : Court Of Appeals Of Maryland
• Release Date : January 08, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 96 KB

Description

This cause comes to us on a petition to transfer from the Third District Court of Appeals. Transfer is sought by Plaintiffs, a class of citizens, who brought action against the city of Gary, certain city officials, and the superintendent of state police, John T. Shettle, for alleged violations of the Federal Civil Rights Statute, 42 U.S.C. § 1983 and the Indiana Firearms Act (now codified at Ind. Code § 35-47-2-3), by denying citizens blank handgun application forms. The trial court entered judgment on a jury verdict in favor of the citizens and against the city and the named city officials. No damages were awarded against the state superintendent. On appeal, the Court of Appeals reversed, and found the failure of the citizens to wait until their claim had been denied in whole or part before bringing suit against the city violated section 12 of the Indiana Tort Claims Act, Ind. Code § 34-4-16.5-12, and was fatal to their claim. City of Gary v. Kellogg (1988), Ind.App., 519 N.E.2d 570. Because the holding of the Court of Appeals contravenes that of the United States Supreme Court in Felder v. Casey (1988), 487 U.S. 131, 108 S.Ct. 2302, 101 L.Ed.2d 123, we grant transfer and hereby vacate the opinion of the Court of Appeals.

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