Civil action for losses sustained in a Robbery

Sonofwoden

New Member
Jurisdiction
Indiana
A few weeks ago I had a home invasion by 4 individuals. 2 adults and 2 minors. I was not home at the time, someone else was present. The person in the home was held at gunpoint while 2 individuals broke into my safe, and two other individuals ransacked my home.

My dog was maced by one minor and placed in another room.

One of the adults and one of the minors are children of my X wife whom I divorced in 2013.

Several items were stolen and damaged in my home. Including firearms, knives, a large amount of cash, silver coins, and electronics.

The majority has been recovered and returned to me. Many of the items are damaged as well as items that were damaged during the robbery. About 60-70% of the cash was recovered and returned to me.

There was a 5th adult individual who drove the getaway vehicle.

The sheriff was called and these individuals were apprehended and are awaiting trial.

One of the adults is a multiple felon recently released from prison in Illinois and was recently arrested for criminal misconduct. He was released, on bond, did not show up for court and had his warrant quashed. He also has other bench warrants out for his arrest. I am puzzled why a multiple violent offender was released on a signature bond.

I am curious as to what civil action I have against these individuals, the parents of the minors and quite possibly the state of Illinois for allowing a known violent individual to be released from custody.

I have damages that will not be covered by my insurance, the individual that was held at gunpoint is having post traumatic stress and will be seeing a therapist and my dog that maced has now become skittish and unpredictable which may require extensive retraining.

Any information would be appreciated.

thanks
 
There's no question that you have a cause of action against the perpetrators. And IN has a statute that holds parents liable for the acts of minors under certain circumstances.

See:

2014 Indiana Code :: TITLE 34. CIVIL LAW AND PROCEDURE :: ARTICLE 31. LIMITED LIABILITY :: CHAPTER 4. LIMITED LIABILITY OF PARENTS FOR DAMAGES CAUSED BY CHILD

But let's face it, these are low lifes who have nothing to lose and probably wouldn't respond to a lawsuit if you filed one and a default judgment is likely to be uncollectible.

Lawyers don't take contingency cases when there's no money in the pot so you would likely have to pay thousands in lawyer fees with little chance of ever recovering any money.

Feel free to consult a lawyer and review your options.

As for suing the state for letting a low life out on a signature, good luck with that.
 
Indiana has some protections for victims of violent crime, Sonofwoden, Indiana!!!


The innocent person held at gunpoint might be eligible for assistance.

Read on:

ICJI: Victim Compensation
 
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