ANDERSON — A woman who claims she was sexually assaulted by an Anderson police officer has filed a tort claim complaint against the City of Anderson claiming she suffered severe injuries including emotional distress.
The tort claim, dated Oct. 19, was sent to the city by Noblesville law firm Holt, Fleck & Romine. The claim was signed by Holt.
According to the complaint, Anderson Police Department officer John Baysinger gave a woman a ride to her boyfriend’s home after the boyfriend’s arrest in mid-July. According to the complaint, Baysinger followed the woman into the home and attempted to have sexual intercourse with her, but she refused. In the complaint, the woman says Baysinger then sexually assaulted her.
The woman subsequently went to Saint John’s Medical Center, where she was examined and treated for injuries. The complaint doesn’t mention what those injuries were.
The complaint did say the woman’s damages were undetermined, but they will include, but not be limited to, medical expenses, emotional distress, pain and suffering and lost wages.
Holt was not available for comment.
Due to the nature of the case, The Herald Bulletin is not printing the woman’s name.
In September, Madison County Prosecutor Thomas Broderick, Jr. said he agreed with Indiana State Police “that there was insufficient evidence to support a criminal prosecution” in the alleged incident. Broderick was not available for comment Friday.
According to APD spokesman Mitch Carroll, Baysinger was suspended without pay for 100 hours beginning Sept. 13.
Holt requested the city notify him in writing concerning approval or denial of the claim within 90 days.
Contact Christina M. Wright, 640-4883, christina.wright@heraldbulletin.com.
--------
BREAKOUT
What is a tort claim?
A tort is a civil wrong.
A person committing a tort is sometimes called a “tortfeasor.” A tortfeasor may be held liable for injury caused to a third party by the tortfeasor’s unreasonable act or, in some cases, failure to act.
Broadly speaking, a plaintiff/injured party must prove the following in order to recover:
• That tortfeasor owed him or her a duty of care;
• That the tortfeasor breached this duty by an act or omission that fell below the standard of care that would be exercised by a reasonable person;
• That the act or omission caused the injury; and
• That the plaintiff was injured as a result.
The most common example of a tort would be negligence in situations involving accidents. Other examples would include assault, battery, trespass, nuisance, fraud, and infliction of emotional distress. These later examples include what are known as “intentional torts” where the tortfeasor acted on purpose. There are also torts involving “strict liability” (e.g., products liability) where liability may be assessed against a tortfeasor without regard to “fault” and without having to prove that the tortfeasor acted unreasonably.
Source: lawyers.com
Breaking News
Woman files tort claim against city
- Breaking News
-
-
Ohio casinos will cut into nearby states' winnings
The opening of casinos in Ohio this spring means the luck is running out for neighboring states that have pulled in an estimated $1 billion each year from gamblers who've been crossing the border to wager at riverboats in Indiana, gaming tables in Michigan and casinos in western Pennsylvania.
-
Shock over arrest in NYC boy's '79 disappearance
When police dug up a Manhattan basement last month in a fruitless search for the remains of Etan Patz, Lucy Suarez saw the news on TV and wished that the family of the missing child would finally get some peace. "My sister and I prayed about it. We prayed and we said, 'Let justice be done,'" Suarez said. "Never did we think it was going to be done with our family."
-
Obama, Romney try to play it safe in 2012 gamble
For all the small daily dramas of the 2012 campaign, there's a risk-averse dynamic playing out: Neither candidate has been making bold new policy proposals or displaying a free-wheeling personal style. So far, at least.
-
Vatican confirms pope's butler arrested in scandal
The Vatican confirmed Saturday that the pope's butler had been arrested in its embarrassing leaks scandal, adding a Hollywood twist to a sordid tale of power struggles, intrigue and corruption in the highest levels of Catholic Church governance.
-
Dry spring causing concern for holiday weekend
An abnormally dry spring has farmers worried about crops and the Indiana fire marshal concerned about fireworks, cookout and bonfires sparking fires during the Memorial Day weekend.
-
Tropical storm warnings for Southeast coast
Tropical storm warnings have been issued for the Southeast coast from north Florida to South Carolina as a cluster of thunderstorms was gathering strength Friday night and expected to become Tropical Storm Beryl over the Memorial Day weekend.
-
Wildfire blows heavy smoke near Disney World
A wildfire that is burning in Orlando blew heavy smoke near the busy hotel and attractions district of Walt Disney world at the start of the busy Memorial Day weekend.
-
Indiana man releases hostages, fatally shoots self
A gunman looking for someone he believed owed him money shot himself inside an Indiana real estate office several hours after releasing hostages Friday, and he died after being rushed to a hospital, police said.
-
AP study: Typical CEO made $9.6M last year
The head of a typical public company made $9.6 million in 2011, according to an analysis by The Associated Press using data from Equilar, an executive pay research firm.
-
Campaign styles clash in Wisconsin recall race
Wisconsin Gov. Scott Walker and his Democratic opponent are locked together in a fiercely fought recall race, but they are campaigning in dramatically different ways.
- More Breaking News Headlines
-
Ohio casinos will cut into nearby states' winnings
Raw Video: Activists Allege Massacre in Syria
NJ Man Charged With Murder in Death of Patz
Support, Fun for Kids of Fallen Soldiers at Camp
Fugitive Penguin Caught, Returned to Aquarium
50 Years Later, Underground Fire Still Burning
Light Show Transforms Sydney Opera House
Raw Video: Unruly Passenger Restrained in Miami
Raw Video: Robber Uses Drive-thru Window
Raw Video: Dragon Arrives at Space Station
Calif.'s Coronado Named Nation's Best Beach
CEO Salaries Become Sore Issue in Labor Disputes
Raw Video: Fight Erupts in Ukrainian Parliament
Texan Ranchers Remain Wary of Drought
Raw Video: Soldiers Plant Flags at Arlington
Police: Man Arrested in Etan Patz Disappearance
NYC Protests: the Revolution Will Be Scripted
Chicago U.S. Attorney Fitzgerald Resigns
Neighbors of Etan Patz's Suspect: It's Shocking
Gulf Fishermen Reel From Seafood Troubles
Stuntman Makes Skydive Without Parachute in UK
