Statutory Interpretation – Indemnification

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7^th Circuit Court of Appeals

Case Name: Scott Robinett v. City of Indianapolis

Case No.: 17-2609

Officials: BAUER, ROVNER, and SYKES, Circuit Judges.

Focus: Statutory Interpretation – Indemnification

Scott Robinett and the City of Indianapolis were co-defendants in a civil-rights action. Robinett, a police officer, was accused of failing to intervene in an escalating domestic dispute between two fellow police officers. The dispute ended violently in a tragic murder-suicide, and the murder victim’s estate asserted claims against Robinett and the City under 42 U.S.C. § 1983 and Indiana law. They won the case; the district judge rejected the estate’s claims and entered summary judgment for the defendants. Robinett then asked the judge to order the City to pay his attorney’s fees and costs under Indiana Code § 34-13-4-, a public-employee indemnification statute. The judge denied the motion and Robinett appeals.

We affirm. The indemnification statute requires a public employer to pay defense costs in a civil-rights action against an employee only if the employee was acting within the scope of his employment when he committed the act or omission in question. A mere allegation to that effect does not trigger the indemnification obligation. The judge held that Robinett acted outside the scope of his employment during the events at issue here; that is, he acted as a private person, not a police officer. Robinett does not challenge that factual determination, so his claim for costs and fees fails.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.