Suit Filed Against Warsaw, 2 Officers
December 30, 2022 at 11:46 p.m.
By Jackie [email protected]
The plaintiffs in the lawsuit are Pamela, David and Solomon Gregory.
“In response to the civil complaint ... the city acknowledges the seriousness of the allegations as they are presented. Having internally reviewed the available information to date regarding this incident, the validity of those allegations is very much in question.
“Our response to the allegations has been filed. The city will defend itself and its officers moving forward. As this is a matter of ongoing litigation, the city of Warsaw will make no further comment until the appropriate time,” according to a statement issued by Warsaw Mayor Joe Thallemer.
According to the lawsuit, filed in the United States District Court, Northern District Of Indiana – South Bend Division, Whitaker was concerned his minor daughter was attending a New Year’s Eve party Dec. 31, 2021, and into the morning of Jan. 1, 2022, at the Gregorys’ home.
Using a police vehicle and accompanied by Heaton, Whitaker went to the Gregorys’ home and pulled into the driveway. Heaton then attempted to enter the home by entering the garage without permission. However, he wasn’t able to get into the house, the suit claims.
Shortly after midnight, Heaton then forced the locked front door open and broke the doorknob’s lock, according to the lawsuit.
Pamela and David were not home at the time and Solomon was in the basement with friends. One of Solomon’s friends alerted him an adult had entered the garage and Solomon went to investigate. When Solomon went upstairs, he saw no one in the garage.
Solomon entered the kitchen, heard a noise and saw Heaton who had entered the house and was looking at areas of the house with a flashlight. All the lights were off in the house except in the basement.
Heaton asked where Whitaker’s daughter was and Solomon said he didn’t think she was there.
Heaton said he was a police officer, displaying his badge. Heaton continued to walk through the house towards the basement. Solomon then allegedly stepped in front of Heaton and asked what he was doing. Solomon also asked where the warrant was to justify entry into the house. Heaton said he didn’t need a warrant, the suit claims.
After being assured Whitaker’s daughter was not the home, Heaton left through the back door at the garage. Solomon followed Heaton out the door to the driveway.
When Solomon was outside, he noticed Whitaker standing outside the vehicle that was parked on the property.
Heaton allegedly grabbed Solomon Gregory and held him. The lawsuit said there was no lawful cause or justification for Heaton to detain Solomon and Solomon didn’t consent to the seizure. Solomon was able to free himself and go back into the house.
According to the lawsuit, Heaton remained outside the home and called for backup and Syracuse police officers and Kosciusko County Sheriff’s Office deputies went to the property.
A number of the people received citations for underage drinking, but Solomon didn’t, according to the lawsuit.
Pamela and David were alerted to what was going on and returned home after local law enforcement arrived at the property.
Heaton then asked if he could be escorted through the house to once again look for Whitaker’s daughter. David consented and led Heaton through the home. Heaton allegedly proceeded to look through drawers in cabinets in the finished basement, even though he didn’t have permission to do so.
The lawsuit claims Whitaker’s and Heaton’s conduct represented a violation of the Fourth Amendment, as well as torts for which the city of Warsaw is liable, “or alternatively represent torts for which the individual defendants are personally liable,” the lawsuit said. The suit further claims Heaton’s seizing Solomon represents both a violation of the Fourth Amendment and a tort for which the city of Warsaw is liable, or for which Heaton is personally liable.
“At all times, Whitaker and Heaton acted under “color of state law and acted as law enforcement officers. Their position as law enforcement officers facilitated or enabled their violation of plaintiffs’ constitutional rights. Heaton’s actions in entering the property and searching it violates the Fourth Amendment as do Whitaker’s action in directing Heaton to enter the property or failing to intervene to stop the entry when Whitaker had a realistic opportunity to do so,” according to the lawsuit.
On May, 31, 2022, the Gregorys filed their notice of tort claim as required by Indiana law. Their claim has not been approved and therefore has been deemed to be denied.
The Gregorys demand a jury trial. They ask the court to be awarded their costs and reasonable attorneys’ fees, as well as all other proper relief.
The Gregorys are represented by Kenneth J. Falk and Stevie J. Pactor of the ACLU of Indiana.
Latest News
E-Editions
The plaintiffs in the lawsuit are Pamela, David and Solomon Gregory.
“In response to the civil complaint ... the city acknowledges the seriousness of the allegations as they are presented. Having internally reviewed the available information to date regarding this incident, the validity of those allegations is very much in question.
“Our response to the allegations has been filed. The city will defend itself and its officers moving forward. As this is a matter of ongoing litigation, the city of Warsaw will make no further comment until the appropriate time,” according to a statement issued by Warsaw Mayor Joe Thallemer.
According to the lawsuit, filed in the United States District Court, Northern District Of Indiana – South Bend Division, Whitaker was concerned his minor daughter was attending a New Year’s Eve party Dec. 31, 2021, and into the morning of Jan. 1, 2022, at the Gregorys’ home.
Using a police vehicle and accompanied by Heaton, Whitaker went to the Gregorys’ home and pulled into the driveway. Heaton then attempted to enter the home by entering the garage without permission. However, he wasn’t able to get into the house, the suit claims.
Shortly after midnight, Heaton then forced the locked front door open and broke the doorknob’s lock, according to the lawsuit.
Pamela and David were not home at the time and Solomon was in the basement with friends. One of Solomon’s friends alerted him an adult had entered the garage and Solomon went to investigate. When Solomon went upstairs, he saw no one in the garage.
Solomon entered the kitchen, heard a noise and saw Heaton who had entered the house and was looking at areas of the house with a flashlight. All the lights were off in the house except in the basement.
Heaton asked where Whitaker’s daughter was and Solomon said he didn’t think she was there.
Heaton said he was a police officer, displaying his badge. Heaton continued to walk through the house towards the basement. Solomon then allegedly stepped in front of Heaton and asked what he was doing. Solomon also asked where the warrant was to justify entry into the house. Heaton said he didn’t need a warrant, the suit claims.
After being assured Whitaker’s daughter was not the home, Heaton left through the back door at the garage. Solomon followed Heaton out the door to the driveway.
When Solomon was outside, he noticed Whitaker standing outside the vehicle that was parked on the property.
Heaton allegedly grabbed Solomon Gregory and held him. The lawsuit said there was no lawful cause or justification for Heaton to detain Solomon and Solomon didn’t consent to the seizure. Solomon was able to free himself and go back into the house.
According to the lawsuit, Heaton remained outside the home and called for backup and Syracuse police officers and Kosciusko County Sheriff’s Office deputies went to the property.
A number of the people received citations for underage drinking, but Solomon didn’t, according to the lawsuit.
Pamela and David were alerted to what was going on and returned home after local law enforcement arrived at the property.
Heaton then asked if he could be escorted through the house to once again look for Whitaker’s daughter. David consented and led Heaton through the home. Heaton allegedly proceeded to look through drawers in cabinets in the finished basement, even though he didn’t have permission to do so.
The lawsuit claims Whitaker’s and Heaton’s conduct represented a violation of the Fourth Amendment, as well as torts for which the city of Warsaw is liable, “or alternatively represent torts for which the individual defendants are personally liable,” the lawsuit said. The suit further claims Heaton’s seizing Solomon represents both a violation of the Fourth Amendment and a tort for which the city of Warsaw is liable, or for which Heaton is personally liable.
“At all times, Whitaker and Heaton acted under “color of state law and acted as law enforcement officers. Their position as law enforcement officers facilitated or enabled their violation of plaintiffs’ constitutional rights. Heaton’s actions in entering the property and searching it violates the Fourth Amendment as do Whitaker’s action in directing Heaton to enter the property or failing to intervene to stop the entry when Whitaker had a realistic opportunity to do so,” according to the lawsuit.
On May, 31, 2022, the Gregorys filed their notice of tort claim as required by Indiana law. Their claim has not been approved and therefore has been deemed to be denied.
The Gregorys demand a jury trial. They ask the court to be awarded their costs and reasonable attorneys’ fees, as well as all other proper relief.
The Gregorys are represented by Kenneth J. Falk and Stevie J. Pactor of the ACLU of Indiana.
Have a news tip? Email [email protected] or Call/Text 360-922-3092