Indiana Officer Denies Allegations in Excessive Force Suit
SOUTH BEND - A South Bend police officer accused in a federal lawsuit of unlawful entry, excessive force and wrongful arrest has filed a response in U.S. District Court, denying many of the allegations.
In September, Germaine Harris, his girlfriend and their children filed a lawsuit in U.S. District Court against Patrolman Theo Robert, nine officers at the St. Joseph County Jail, the city of South Bend, the St. Joseph County Police Department, and the St. Joseph County sheriff.
The lawsuit alleges that Robert violated the couple's constitutional rights on May 30, 2010, when he allegedly entered their home on South Taylor Street, struck Harris, and arrested him for battery and resisting arrest.
It also contends that Robert used excessive force when he allegedly struck a handcuffed Harris once the pair arrived at the jail. It alleges that jail deputies who came to assist did not act to protect Harris.
Robert later received a 30-day unpaid suspension for striking Harris at the jail, and prosecutors dismissed all charges against Harris.
Harris is seeking punitive and compensatory damages from the defendants to cover medical expenses and psychological injuries, and wants the city, sheriff's office and the county police department to adopt policies related to the hiring, training and supervision of officers.
In court papers filed last week, Robert admitted that he did not have a search warrant or arrest warrant when he entered Harris' home, but denied either was needed to make entry. According to Robert's police report, he came across three suspicious-looking men in the street, one of whom was Harris, and when they ran into Harris' girlfriend's house, Robert followed.
In his response, Robert admitted to striking Harris in the face at the jail but said Harris was verbally threatening him and being physically aggressive.
Robert acted "not with the intent to cause injury, but with the intent to further assist in subduing Harris, who was still struggling and aggressive and who still refused to go into a cell," according to Robert's answer to the lawsuit, filed Nov. 28 by his attorneys, Clint Zalas and David Ballard.
Robert denies that he used force on Harris inside the home, that he drew out his duty weapon on the family, or that he grabbed Harris by the throat and slammed his head against the wall at the jail.
The other parties named in the suit have also filed responses denying allegations against them. The county states that any force employed by the jail officers during the incident was done in "good faith" in order to "restore order." The city, likewise, has denied that its policies or procedures would have led to the incident.
A preliminary pretrial conference is scheduled for 10:30 a.m. Tuesday.
Robert is still working as a uniform patrol officer for the South Bend Police Department, according to Zalas.
Staff writer Mary Kate Malone: [email protected] 574-235-6337
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