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Allegations of false arrest and use of excessive force by police officers have prompted a lawsuit against the city of Warsaw and three officers from the Warsaw Police Department.
Trent Smith of Warsaw claims in the complaint filed recently in Kosciusko Superior Court I that his April 26, 2001, arrest for disorderly conduct and resisting law enforcement violated his rights.
The officers named in the lawsuit are Brad Kellar, Doug Light and Allen Danko. The arrest resulted, according to an incident report filed at the WPD, when Kellar attempted to stop Smith for speeding. Smith reportedly accelerated when Kellar slowed to turn around after the vehicle passed him at a radar reading of 72 mph.
Another motorist told Kellar which direction the speeding car went and the car was located at Smith's Levi Lee Road residence. When Kellar made contact with Smith outside the residence there, Smith allegedly refused to present his driver's license and registration so the officer could issue the speeding ticket.
Smith also reportedly struck Kellar in the face while Kellar was trying to prevent Smith from entering his residence. When Light and Danko arrived to assist Kellar, Smith was forcibly taken into custody.
The criminal case against Smith was decided in January 2002, with Smith sentenced to two days in jail after pleading guilty to resisting arrest. The disorderly conduct charge was dismissed.
According to the lawsuit, Smith is seeking punitive and compensatory damages through a trial by jury. A notice of tort claim included in the court file notes that the compensation is estimated to be in excess of $300,000. Smith also is requesting attorney fees and other costs incurred. F. Amin Istrabadi of Boesch & Istrabadi, P.C., Valparaiso, is the attorney representing Smith.
