A man against whom several charges were dismissed is suing the town of Claypool and its deputy marshal, claiming false imprisonment and violation of his civil rights.

The case was filed Thursday in Kosciusko Circuit Court by Michael L. Valentine, attorney for Leonard L. Perry of Elkhart County, and claims that the police officer did not have legal authority to make an arrest, conduct a search or seize a person's property.

Perry, 45, was detained Oct. 31, 1996, by Claypool Deputy Marshal Danny Joe Warner and subsequently charged with driving while intoxicated, possession of marijuana, dealing in a sawed-off shotgun, possession of a firearm by a convicted felon and armed robbery. He was held in the Kosciusko County Jail on a 72-hour detention before charges were filed so that the prosecutor's office could evaluate the case and determine whether charges should, in fact, be filed. Those charges were brought against Perry on Nov. 7, 1996, and he continued to be held in the jail on a bond of $100,000. Warner made the initial traffic stop, but the paperwork for the arrest was completed by Town Marshal Gene Warner.

Danny Warner had stopped Perry for allegedly driving erratically through town and, during the arrest, a sawed-off shotgun was discovered in Perry's vehicle. It and marijuana later discovered in the vehicle were seized. Perry was then identified as the suspect in an armed robbery Oct. 23, 1996, at Sand's Mini-Mart in Mentone.

However, all of the charges were dismissed on March 5, 1997, because much of the evidence obtained during Perry's arrest was ordered suppressed because of a motion filed by Vern Landis, Perry's attorney in the criminal matter.

The suppression was granted after it was learned that Danny Warner, although enrolled at the Indiana Law Enforcement Academy at the time of Perry's arrest, did not complete a state-required pre-basic training course prior to beginning his police duties after being appointed as deputy marshal on April 16, 1996.

State law requires all police officers to complete this 40-hour pre-basic course before taking to the streets. Officers also are required to attend the ILEA within one year of their employment as a police officer. Warner began his training at the ILEA on Sept. 18, 1996, and graduated on Dec. 19, 1996.

However, according to the lawsuit, because Warner hadn't completed the pre-basic course he had no arresting powers at the time of Perry's arrest. The pre-basic stipulation affects all police officers appointed after June 30, 1993.

"At this point, we feel that our people acted appropriately," Claypool Town Council president Don Miller said in a telephone interview this morning. "Danny was acting with good intentions. ... I feel there was adequate information for an arrest."

Perry remained jailed until the charges were dismissed and claims that, as a result, lost his job, suffered lost wages and became unable to pay child support. He also claims impairment of reputation, personal humiliation, embarrassment and emotional distress because of his arrest and imprisonment.

The lawsuit states that Perry is seeking to recover lost wages, punitive damages and court costs. A specific dollar amount is not noted. He also is requesting a trial by jury. [[In-content Ad]]