A Warsaw man is suing the city of Warsaw and three Warsaw Police Department officers over an alleged violation of his Fourth Amendment rights.
Edward N. Schafer filed a civil case on May 20 in Kosciusko Superior Court IV against the city of Warsaw and Warsaw Police Department Lt. Ryan L. Petty and officers Brandon Fugate and Drew Brewton. The lawsuit was moved to the United States District Court, Northern District of Indiana, South Bend Division.
In the complaint, Schafer said the city of Warsaw is responsible for the actions of its employees/officers under the respondent superior doctrine and “which is liable to the plaintiff for the state torts of battery (for the rude, insolent and angry touching of the plaintiff) and for the intential infliction of emotional distress (for the shocking and outrageous manner in which the officers detained plaintiff without probable cause and for the stalking, harassment and intimidation by the officers).”
Brewton, Petty and Fugate are being sued in their individual capacities who were acting as persons under color of law when, about April 26, 2023, they approached Schafer’s vehicle under the allegedly false reason of smelling marijuana, and proceeded to stop and detain Schafer without probable cause for the purposes of unlawfully searching Schafer’s vehicle, all in violation of the Fourth Amendment. The complaint said there was no marijuana.
The complaint says Schafer was damaged and injured by the actions of the individually by the officers, all of who allegedly acted intentionally in approaching Schafer’s vehicle without probable cause, developing a false reason for stopping and detaining Schafer and then unlawfully searching Schafer’s vehicle, including Schafer’s prescription medication bag, during the unlawful search and detention.
Schafer allegedly suffered physical pain, mental anguish, embarrassment, humiliation and other damages and injuries for which he seeks compensatory damages.
The complaints states the actions of the defendants were intentional, knowing, wilful, wanton and in reckless disregard of their federally protected rights warranting an imposition of punitive damages.
Schafer asks for judgement against each of the defendants for compensatory damages, punitive damages where available, reasonable attorney’s fees and costs and for all other just and proper relief.
Schafer demands a trail by jury in the complaint.
Schafer is represented by Christopher C. Myers of Myers & Wallace LLP.
There are no court records of criminal charges being filed against Schafer in 2023 or 2024.
When asked for comment, WPD Chief Scott Whitaker said, “It is the practice of the Warsaw Police Department to not comment on any ongoing investigations and/or tort claims.”
As of press time Friday, a request for comment from Mayor Jeff Grose was unanswered.