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BURKS v. BOLERJACK

No. 3-479 A 97.

411 N.E.2d 148 (1980)

Willie BURKS, Plaintiff-Appellant, v. Dean BOLERJACK, Sheriff, Office, St. Joseph County Sheriff, St. Joseph County, Indiana, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

September 30, 1980.

Attorney(s) appearing for the Case

Robert L. Stephan, South Bend, for plaintiff-appellant.

Robert F. Gonderman, Steven L. Artusi, Gonderman Law Offices, A. Howard Williams, Richard J. McDonald, Patrick, McDonald, Connelly, Warter & Williams, South Bend, for defendants-appellees.

GARRARD, Presiding Judge.

Appellant Burks was employed as a jail guard at the St. Joseph County Jail in June 1975 when four inmates escaped. On June 13th Burks was formally charged with conspiracy to aid in a jail break.1 He was brought to trial on April 16, 1976 but when the jury was unable to reach a verdict, a mistrial was declared. On May 27, 1977, the prosecuting attorney dismissed the pending charge. Burks then sent a notice of claim...

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