Introduced Version
HOUSE BILL No. 1972
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 34-51-6.
Synopsis: Recovery for false imprisonment. Entitles a plaintiff who
prevails in an action for false imprisonment to recover the salary or
other earnings that the plaintiff presumably would have earned during
the period of imprisonment if the plaintiff had not been imprisoned,
along with attorney's fees. Enumerates factors for the court to consider
in determining the appropriate amount recoverable with respect to the
plaintiff's salary or other earnings during the period of imprisonment.
Effective: July 1, 2001.
January 17, 2001, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1972
A BILL FOR AN ACT to amend the Indiana Code concerning civil
law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-51-6; (01)IN1972.1.1. -->
SECTION 1.
IC 34-51-6
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Chapter 6. Recovery in Actions for False Imprisonment
Sec. 1. (a) A plaintiff who prevails in an action for false
imprisonment is entitled to recover the following:
(1) The salary or other earnings that the plaintiff presumably
would have earned during the period of imprisonment if the
plaintiff had not been imprisoned.
(2) Attorney's fees.
Sec. 2. The court shall consider the following factors in
determining the appropriate amount recoverable with respect to
the plaintiff's salary or other earnings under section 1(a)(1) of this
chapter:
(1) The plaintiff's salary or other earnings immediately
preceding the time of imprisonment, if any.
(2) The plaintiff's skill level.
(3) The average salary in the locality where the plaintiff
resides for a job held by a person whose skills are similar to
those of the plaintiff.
(4) Any other factors that the court considers useful in
determining the salary or other earnings that the plaintiff
presumably would have earned if the plaintiff had not been
imprisoned during the period of imprisonment.