Legal Question in Personal Injury in Indiana

Our local Town Marshall responded to our security alarm. He sprayed our dog with pepper spray.We were not notified. When we came home my husband was petting the dog, rubbed his eyes, then they started burning and watering. He was choking and coughing. We figured out what happened on our own. Can we sue the town and the police? We live in Jamestown, Indiana. Thank you in advance for your help.


Asked on 7/19/12, 6:01 pm

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

The situation which you describe does not sound like it would be worth a suit. First of all, it is legally difficult to prevail against a governmental entity if their conduct was not entirely appropriate. Secondly, in order to make a suit economically worthwhile pursuing, you need to be able to prove some serious economic or personal injury damages. Instead of lawyering up, why not politely bring this matter up before your town board and ask that this type of conduct be cured in the future.

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Answered on 7/21/12, 9:14 am


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