Continuously serving Kosciusko County since 1854
A Winona Lake couple and their son have filed a lawsuit seeking damages from the town of Winona Lake and Officer Paul Heaton.
According to documents filed in Kosciusko Circuit Court Aug. 29, Charles J. Pribble Sr., Pamela Pribble and Charles J. Pribble Jr. are seeking damages from the town, Heaton and an unknown private security officer for entering the Pribble residence without a search warrant.
On May 15, 2005, Heaton allegedly was told that an underage drinking party was going to happen in Stonecamp in Winona Lake, but when he arrived at Stonecamp, Heaton did not find evidence of a party.
Then Heaton reportedly went to Stonehenge where he parked in front of the Pribble home and, from his vehicle, looked through a picture window, where he allegedly saw an underage drinking party in progress.
Heaton turned on his emergency lights and went to the door of the Pribble residence.
"When Officer Heaton knocked on the door, it was answered by Matt Anderson, who questioned whether or not the officer had a search warrant. ... Officer Heaton stated he did not need a search warrant, and without consent, forcibly entered the premises of Mr. and Mrs. Charles J. Pribble Sr. ... Officer Heaton then arrested all subjects present," the complaint states.
The unidentified security officer allegedly assisted Heaton with the arrests at the Pribble home.
"The entry of the Pribble residence by Officer Heaton and an unknown private Security Officer, John Doe, and the arrest of the complainant was one without probable cause and resulted in an unreasonable search, injury, seizure and arrest contrary to the United States and Indiana constitutions. ... Officer Heaton and his unknown attending private security officer, John Doe, committed false arrest and imprisonment in that (they) took custody of complainant and transported him to the Kosciusko County Jail where he was placed under arrest and detained," the suit alleges.
The suit say the Pribbles' Fourth, Fifth and Sixth Amendment rights were violated and they seek $250,000.
A second suit alleges, "That as a result of Charles Pribble Jr.'s false arrest and imprisonment and of violation of his constitutional rights, complainant seeks damages in the sum of $250,000."
Both suits ask that, along with the damages, the court award them "all other relief just and proper in the premises."
