State of Indiana through DNR v. Kailee M Smith

Summary

The Indiana Supreme Court affirmed the order requiring the State to indemnify a conservation officer for a federal false-arrest judgment. It held that the indemnification claimant initially must show that the loss resulted from a noncriminal act or omission, after which the State must produce evidence establishing a prima facie case of criminal conduct. The court concluded that the officer's conduct was noncriminal because the evidence did not establish that he knowingly provided false information, even though the trial court's contrary falsehood finding was clearly erroneous.