A Warsaw man recently filed a lawsuit against a current and former sheriff's deputy citing malicious prosecution and excessive force among other things.
Attorney Christopher Myers, Fort Wayne, filed a complaint Feb. 25 in Kosciusko County Circuit Court on behalf of Samuel Davis Jr., 32, Warsaw.In the complaint, Davis claims that when he was arrested by Kosciusko County Sheriff's Deputies Doug Brumfield Jr. and Mike Mulligan for burglary Feb. 25, 2006, neither deputy had a search warrant or arrest warrant.
Davis claims Mulligan lied about Davis breaking into the Kuder Estate apartments of two women.
The claim states that one of those women was Brumfield's girlfriend at the time.
Brumfield resigned from KCSD in 2007 after being arrested on a drunk driving charge.
Davis alleges Mulligan used excessive force while arresting him, "slamming (Davis) to the floor." Davis also claims his handcuffs were put on too tight.
The complaint states Mulligan wrote a letter to Kosciusko County Chief Deputy Prosecutor Dan Hampton that caused Davis to be re-arrested and "falsely charged" with burglary and stalking.
Along with excessive force, Davis claims he suffered physical pain, mental suffering, depravation of liberty, loss of his apartment, wrongful eviction, loss of his job and other damages as a result of his arrest.
Davis was later found not guilty of burglary charges.
He is seeking $300,000, or the amount awarded by a judge or jury.
"Standard procedure is we don't talk about ongoing cases," said KCSD Lt. Aaron Rovenstine.
Rovenstine declined to talk about the case, but stated that this sort of lawsuit isn't unusual and they deal with a couple every year on average.
A representative at Myers' office declined to comment on the case.
Mike Miner filed an extension for time on behalf of Brumfield and Mulligan, and they have until April 11 to file an answer or other responsive pleading.
