Former Suspect Alleges Rights Violation

The city of Warsaw and several area law enforcement officials are named in a tort claim notice that was recently filed by a former voyeurism and burglary suspect and his relatives.

Jerald Womack, who was arrested last spring on a voyeurism charge, was joined by his brother and sister-in-law, Tom and Deb Womack, in filing the notice of claim. The claim names Ernie Wiggins as mayor of Warsaw; Craig Allebach, chief of police; Malcolm Gilbert, Winona Lake town marshal; and Kosciusko County Sheriff Al Rovenstine.

The Womacks allege in the claim that their civil rights were violated in October 1996 when police entered a home belonging to Tom and Deb Womack. The Womacks were not home at the time, and a neighbor who was taking care of the house let the police officers enter.

The notice of claim is usually a first step to filing a lawsuit, Jim Walmer, Winona Lake's town attorney, said Wednesday.

He also said the town was not named in the tort claim, just the town marshal.

"Our position would be there weren't any civil rights violated by the town of Winona Lake or Mr. Gilbert," Walmer said.

"An immunity exists for enforcement of a law or failure to enforce a law," he said.

Further comment on the case was not possible because of the pending litigation, Walmer said.

His next action will be to "sit back and see what happens," he said.

Mike Miner, the attorney for the county, received the tort claim notice from Rovenstine and forwarded it to the county's insurance carrier. The tort claim will be handled by the carrier and its attorneys, he said.

Dennis Geisleman, attorney for the Womacks, said whether or not he files a lawsuit after the tort claim depends on the response he gets from the claim.

"A government entity has 90 days to respond," he said. He is hoping the parties contact him within that 90 days, and if not, he said, he will write them letters at the end of the period to try again to resolve the issues without a lawsuit.

"I'll try and work it out with them if I can," he said.

Steve Snyder, attorney for Warsaw, was not available for comment.