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SOUTH BEND - The actions of a South Bend police officer during an arrest 18 months ago have led to a federal lawsuit in which 27-year-old Germaine Harris alleges he was falsely arrested, wrongfully imprisoned, and the victim of excessive force.
Harris and his girlfriend filed the lawsuit last month in U.S. District Court against Patrolman Theo Robert, nine officers at the St. Joseph County Jail, the city of South Bend, the St. Joseph County Police Department and the St. Joseph County sheriff.
The couple allege that Robert violated their constitutional rights on May 30, 2010, when Robert allegedly entered their home on South Taylor Street, struck Harris and arrested him for battery and resisting arrest.
The lawsuit contends that Robert used excessive force when he threw punches at a handcuffed Harris once the pair arrived at the jail.
Robert later received a 30-day unpaid suspension for striking Harris at the jail. Prosecutors later dismissed all criminal charges against Harris.
Now, Harris is seeking punitive damages from the defendants “for their malicious, wanton, willful, reckless and knowing violation” of Harris’ rights.
He is also seeking compensatory damages to cover medical expenses and psychological injuries, and wants the city, the sheriff’s office and the county police department to adopt policies related to the hiring, training and supervision of officers.
He is also seeking a jury trial.
“Mr. Harris looks forward to finally sharing his side of the story,” said Harris’ attorney, Stanley Wruble. “Since the criminal charges arising from this incident were dismissed, the truth about what happened that night has not come to light yet.”
Robert’s attorney, Clint Zalas, did not return a phone call from The Tribune seeking comment.
South Bend city attorney Chuck Leone said his office will defend the city against any allegations that its policies were somehow to blame for the incident.
“The city did not have any policies or procedures in place that would have led to this incident,” Leone said. “It was the behavior of this particular officer, and the city has taken action we think is appropriate.”
But the lawsuit stretches beyond the jail assault for which Robert was already disciplined.
Harris argues that the officer had no right to enter his home in the first place.
Allegations
The lawsuit alleges the following:
On May 30, 2010, Harris was at the apartment of his girlfriend, Ashley Hyde, on South Taylor Street, near Covaleski Stadium.
At 10:45 p.m., Robert came across three men standing in the middle of the street outside Hyde’s home. The men fled toward Hyde’s home when the officer approached and Harris, recognizing one of them as an acquaintance, let them inside and closed the door.
Robert came to the door and asked to speak with the three men, but they refused to come outside. Robert then broke through the locked screen door and went inside.
Harris and his girlfriend filed the lawsuit last month in U.S. District Court against Patrolman Theo Robert, nine officers at the St. Joseph County Jail, the city of South Bend, the St. Joseph County Police Department and the St. Joseph County sheriff.
The couple allege that Robert violated their constitutional rights on May 30, 2010, when Robert allegedly entered their home on South Taylor Street, struck Harris and arrested him for battery and resisting arrest.
The lawsuit contends that Robert used excessive force when he threw punches at a handcuffed Harris once the pair arrived at the jail.
Robert later received a 30-day unpaid suspension for striking Harris at the jail. Prosecutors later dismissed all criminal charges against Harris.
Now, Harris is seeking punitive damages from the defendants “for their malicious, wanton, willful, reckless and knowing violation” of Harris’ rights.
He is also seeking compensatory damages to cover medical expenses and psychological injuries, and wants the city, the sheriff’s office and the county police department to adopt policies related to the hiring, training and supervision of officers.
He is also seeking a jury trial.
“Mr. Harris looks forward to finally sharing his side of the story,” said Harris’ attorney, Stanley Wruble. “Since the criminal charges arising from this incident were dismissed, the truth about what happened that night has not come to light yet.”
Robert’s attorney, Clint Zalas, did not return a phone call from The Tribune seeking comment.
South Bend city attorney Chuck Leone said his office will defend the city against any allegations that its policies were somehow to blame for the incident.
“The city did not have any policies or procedures in place that would have led to this incident,” Leone said. “It was the behavior of this particular officer, and the city has taken action we think is appropriate.”
But the lawsuit stretches beyond the jail assault for which Robert was already disciplined.
Harris argues that the officer had no right to enter his home in the first place.
Allegations
The lawsuit alleges the following:
On May 30, 2010, Harris was at the apartment of his girlfriend, Ashley Hyde, on South Taylor Street, near Covaleski Stadium.
At 10:45 p.m., Robert came across three men standing in the middle of the street outside Hyde’s home. The men fled toward Hyde’s home when the officer approached and Harris, recognizing one of them as an acquaintance, let them inside and closed the door.
Robert came to the door and asked to speak with the three men, but they refused to come outside. Robert then broke through the locked screen door and went inside.
