Appeal from the Parke Circuit Court. The Honorable Samuel A. Swaim, Judge. Case No. 61C01-1108-PL-322.
ATTORNEY FOR APPELLANT: James E. Ayers, Wernle, Ristine & Ayers, Crawfordsville, Indiana.
ATTORNEYS FOR APPELLEES: Gregory F. Zoeller, Attorney General of Indiana, Frances Barrow, Deputy Attorney General, Indianapolis, Indiana.
Crone, Judge. Brown, J., and Pyle, J., concur.
[¶1] Christa Allen appeals the trial court's order granting a motion for judgment on the pleadings after she filed a complaint for personal injury damages against the State of Indiana and the Indiana Department of Correction (collectively " the DOC" ). The sole restated issue presented for our review is whether the trial court erred when it granted judgment on the pleadings in favor of the DOC. Finding no error, we affirm.
Facts and Procedural History
[¶2] The material facts alleged by Allen indicate that, in April 2007, she was a post-surgery transgender prisoner incarcerated in the Rockville Correctional Facility in Parke County. During her incarceration, the DOC denied Allen the continued use of her vaginal stent and refused to provide a substitute device, which caused atrophy, injury, and ruination of her previous surgery.
[¶3] On June 30, 2008, Allen filed a complaint against the DOC in the Marion Superior Court seeking personal injury damages. The DOC filed a motion to dismiss the complaint on August 15, 2008, arguing that Allen did not timely file a notice of tort claim pursuant to the Indiana Tort Claims Act (" ITCA" ). The trial court
granted the motion and dismissed the case on August 25, 2008. Allen did not appeal that ruling.
[¶4] Three years later, on August 25, 2011, Allen filed the instant complaint against the DOC in the Parke Circuit Court alleging the same conduct by the DOC and again seeking personal injury damages. Allen argued that the Marion Superior Court's previous order dismissing her claim was erroneous and premised upon the application of an incorrect subsection of the ITCA. Because the two-year personal injury statute of limitations had long since expired, Allen asserted that this new complaint could proceed as a ...