A Chicago man has brought a lawsuit against the town of Winona Lake, the Winona Lake Police Department and WLPD Police Chief Paul D. Schmitt for alleged violations of his civil rights.
According to official court documents filed with Kosciusko Superior Court 1, on May 17, 2013, the plaintiff, Abram R. Galvin, and several friends were at a residence in 300 block of 15th Street in Winona Lake. At approximately 7:45 that morning, Officer Schmitt arrived at the residence in response to a caller complaining there were people outside the private residence.
Schmitt ordered Galvin and his friends to go inside or face the possibility of being arrested. Galvin and the others complied and went inside.
Shortly after retreating inside, Galvin exited the residence to collect some personal effects. The lawsuit claims that at no time did Galvin leave the boundaries of the private property. According to the police report filed, when Schmitt observed Galvin exit the residence, he placed him under arrest.
Galvin was transported to Kosciusko County Jail and charged with public intoxication. He spent approximately 14 hours in jail before posting a $300 cash bond.
On July 25, 2013, the state of Indiana filed a motion to dismiss the criminal charges against Galvin, and the court granted the state’s motion the next day.
On Aug. 12, 2013, Galvin informed Winona Lake, WLPD and Schmitt of his intention to file a claim against them, as is required by Indiana Code 34-13-3-1.
The defendants are facing allegations of false arrest, violation of the Fourth and Fourteenth Amendments (unlawful search and seizure; equal protection, respectively), and laws of the state of Indiana.
Galvin is suing for “damages as are reasonable in the premises of [Galvin] together with costs and disbursements herein,” according to the court documents.
Neither Galvin’s attorneys, David C. Kolbe P.C., nor the Winona Lake Police Department would comment on the case.