Diabetic Claims Excessive Police Force After Traffic Stop
Posted
Jen Gibson-jgibson@timesuniononline.com
A lawsuit filed in Kosciusko Superior Court I last week alleges officers from several departments used excessive force during a stop in 2008.
Thomas Leiter, who is represented by Jay L. Lavender, alleges that officers from the Kosciusko County Sheriff's Department, Warsaw Police Department and Winona Lake Police Department used excessive force after stopping him following an accident. The Kosciusko County Sheriff's Department, Kosciusko County Commissioners, Warsaw Police Department, City of Warsaw and Winona Lake Police Department all are listed as defendants in the case.The lawsuit states that on July 1, 2008, Leiter was westbound in a pickup on Center Street when he had a diabetic attack. Leiter's pickup collided with another vehicle and he was unable to stop at the scene of the crash.
Leiter is a severe Type 2 diabetic, and he suffered other medical complications stemming from the disease at times.
Once he was pulled over, the lawsuit states, "Leiter was confused, unable to concentrate and suffered cognitive impairment as a result of the hypoglycemic attack."
KCSD deputies Kevin Gelbaugh and Brandon Hepler, Warsaw Police officer Clay Layne and Winona Lake Police officer Joseph Bumbaugh were involved in stopping Leiter, and the suit alleges that the men "used inappropriate and excessive force on Leiter causing serious and permanent injuries. ... As a result of the incident, Leiter suffered severe and permanent injuries, including, but not limited to, a broken shoulder and contusions, and he suffered pain, discomfort, emotional distress, mental anguish and the loss of a whole and useful life."
Leiter seeks a monetary judgement, awarded by a jury, to compensate for his injuries and losses.
The lawsuit also claims that Leiter was wrongfully arrested without a warrant and against his will.
"...During the time that Leiter was detained, none of the defendants made any attempt to conduct an investigation so as to determine if in fact there was probable cause to arrest and detain Leiter, nor did any defendant properly investigate Leiter's medical condition before, during and after arrest.
"Due to Leiter's medical condition of hypoglycemic attack, Leiter had not committed any criminal offense and (the) defendants had reasonable information to believe that Leiter had suffered from a hypoglycemic attack after the arrest.
"As a proximate and direct result of the facts and circumstances set forth above, (Leiter) was derived of his liberty and was subjected to severe and painful injury at the time of his arrest, and in addition suffered mental and physical anguish, anxiety and embarrassment, all to his damage and prejudice."
