FOR DISCUSSION PURPOSES ONLY – DO NOT FILE
STATE OF INDIANA ) IN THE MARION SUPERIOR COURT
) SS: CAUSE NO. ____________________
COUNTY OF MARION )
) SS: CAUSE NO. ____________________
COUNTY OF MARION )
Robbin Stewart, )
Plaintiff, )
) COMPLAINT FOR DAMAGES AND
v. ) CONSTITUTIONAL VIOLATIONS
**) **
Town of Beech Grove, )
Michael Maurice, )
individually and in his official )
capacity as Chief of Police, )
Robert Mercuri, )
individually and in his official )
capacity as Deputy Chief of Police, )
Craig Wiley, )
individually and in his official )
capacity as City Attorney, )
Audra Stanfield, )
individually and in her official )
capacity as Assistant to the Mayor, )
[Officer #1 Name/Badge], )
[Officer #2 Name/Badge], )
individually and in their official )
capacities as Police Officers for the )
Beech Grove Police Department, )
)
Defendants. )
Plaintiff, )
) COMPLAINT FOR DAMAGES AND
v. ) CONSTITUTIONAL VIOLATIONS
**) **
Town of Beech Grove, )
Michael Maurice, )
individually and in his official )
capacity as Chief of Police, )
Robert Mercuri, )
individually and in his official )
capacity as Deputy Chief of Police, )
Craig Wiley, )
individually and in his official )
capacity as City Attorney, )
Audra Stanfield, )
individually and in her official )
capacity as Assistant to the Mayor, )
[Officer #1 Name/Badge], )
[Officer #2 Name/Badge], )
individually and in their official )
capacities as Police Officers for the )
Beech Grove Police Department, )
)
Defendants. )
I. STATEMENT OF FACTS
- On or about [Date], Robbin Stewart was the equitable owner of a Chrysler Town & Country van ("the Vehicle").
- The Vehicle displayed a plate and sticker which provided reasonable suspicion for an initial investigatory stop, but did not constitute a criminal violation justifying permanent forfeiture or the bypass of a court record.
- During the stop, Defendant Officers #1 and #2 seized the Vehicle and its contents, including sensitive legal files.
- Despite Robbin Stewart's visible physical disability—specifically the use of a mobility cane—the Officers abandoned Robbin Stewart on the roadside miles from his residence.
- During the encounter, Defendant Officer #1 stated to Robbin Stewart: "You are obviously __ ____," a false and malicious statement made with reckless disregard for the truth which was defamation per se and per quod.
- Robbin Stewart contacted Defendant Audra Stanfield to request an urgent meeting with the Mayor regarding the illegal seizure of his property and the conduct of the officers; Defendant Stanfield refused to facilitate the meeting, thereby closing the primary administrative channel for notice and preservation of property.
- Defendant Craig Wiley and the Town failed to provide a pre-deprivation hearing, failed to provide a post-deprivation hearing, and failed to notify Robbin Stewart of the auction location or the fate of the legal files.
- Defendant Craig Wiley explicitly refused to provide the police report, body-worn camera video, dash-camera video, or other requested information; further, upon information and belief, these records were not retained despite a timely request for their preservation.
- The Town subsequently committed waste by crushing the functional Vehicle and its contents, despite the Town holding the property as a bailment.
II. CAUSES OF ACTION
COUNT I: Due Course of Law and Right to Remedy (Ind. Const. Art. 1, § 12 & § 1)
10. Defendants deprived Robbin Stewart of property without an opportunity for a hearing. Robbin Stewart seeks $1 nominal and $42,000 actual damages based on the Section 1 right to remedy and the Section 12 due course of law guarantee.
10. Defendants deprived Robbin Stewart of property without an opportunity for a hearing. Robbin Stewart seeks $1 nominal and $42,000 actual damages based on the Section 1 right to remedy and the Section 12 due course of law guarantee.
COUNT II: Unreasonable Seizure (Ind. Const. Art. 1, § 11)
11. Under the Gerschoffer/Litchfield totality test, the seizure was unreasonable. Factors include: valid stop but invalid permanent seizure, retention of legal files, and failure to inform Robbin Stewart of auction details. Robbin Stewart seeks $1 nominal and $42,000 actual damages based on the Section 1 right to remedy.
11. Under the Gerschoffer/Litchfield totality test, the seizure was unreasonable. Factors include: valid stop but invalid permanent seizure, retention of legal files, and failure to inform Robbin Stewart of auction details. Robbin Stewart seeks $1 nominal and $42,000 actual damages based on the Section 1 right to remedy.
COUNT III: State Taking Claim (Ind. Const. Art. 1, § 21)
12. The destruction of the Vehicle constitutes a taking of property for public use/disposal without just compensation. This clause is self-actuating, and Robbin Stewart seeks $42,000 in actual damages for this constitutional violation.
12. The destruction of the Vehicle constitutes a taking of property for public use/disposal without just compensation. This clause is self-actuating, and Robbin Stewart seeks $42,000 in actual damages for this constitutional violation.
COUNT IV: State Proportionality and Excessive Fines (Ind. Const. Art. 1, § 16)
13. The permanent deprivation and crushing of a $42,000 asset for a minor administrative plate discrepancy violates the state constitutional requirement that all penalties be proportioned to the nature of the offense. Robbin Stewart seeks at least nominal damages and $42,000 actual damages.
13. The permanent deprivation and crushing of a $42,000 asset for a minor administrative plate discrepancy violates the state constitutional requirement that all penalties be proportioned to the nature of the offense. Robbin Stewart seeks at least nominal damages and $42,000 actual damages.
COUNT V: Federal 42 U.S.C. § 1983 Claims
14. 4th Amendment: Unreasonable seizure of effects.
15. 5th Amendment: Taking for public use without just compensation.
16. 8th Amendment: Under Timbs v. Indiana, an unconstitutional excessive fine.
17. 14th Amendment: Denial of Due Process (no "day in court").
18. Monell Liability: Defendants Maurice and Mercuri failed to train/supervise regarding property retention and the Elder Abuse Reporting Statute (IC 12-10-3).
14. 4th Amendment: Unreasonable seizure of effects.
15. 5th Amendment: Taking for public use without just compensation.
16. 8th Amendment: Under Timbs v. Indiana, an unconstitutional excessive fine.
17. 14th Amendment: Denial of Due Process (no "day in court").
18. Monell Liability: Defendants Maurice and Mercuri failed to train/supervise regarding property retention and the Elder Abuse Reporting Statute (IC 12-10-3).
COUNT VI: Conversion (IC 34-24-3-1)
19. Defendants exerted unauthorized control over the Vehicle. Robbin Stewart seeks treble (3x) damages of $42,000, costs, and attorney’s fees.
19. Defendants exerted unauthorized control over the Vehicle. Robbin Stewart seeks treble (3x) damages of $42,000, costs, and attorney’s fees.
COUNT VII: Defamation Per Se and Per Quod
20. The malicious insults and false statements uttered by Defendant Officer #1 were made with actual malice and reckless disregard for the truth. These statements injured Robbin Stewart in his reputation and were defamatory per se and per quod. While the Officers had a qualified privilege, said privilege is overcome here. Robbin Stewart is a public figure, and the topic of the police encounter was one of public concern; therefore, Robbin Stewart alleges and will prove reckless disregard for the truth. The initial statement was reckless, and the months-long failure by the Town and its agents to retract the false claim constitutes an ongoing reckless disregard for the truth. The Town is liable for these damages via respondeat superior. Robbin Stewart seeks $2,000,000.00 in damages.
20. The malicious insults and false statements uttered by Defendant Officer #1 were made with actual malice and reckless disregard for the truth. These statements injured Robbin Stewart in his reputation and were defamatory per se and per quod. While the Officers had a qualified privilege, said privilege is overcome here. Robbin Stewart is a public figure, and the topic of the police encounter was one of public concern; therefore, Robbin Stewart alleges and will prove reckless disregard for the truth. The initial statement was reckless, and the months-long failure by the Town and its agents to retract the false claim constitutes an ongoing reckless disregard for the truth. The Town is liable for these damages via respondeat superior. Robbin Stewart seeks $2,000,000.00 in damages.
COUNT VIII: Intentional Infliction of Emotional Distress (IIED)
21. The "cane and distance" abandonment—specifically the act of leaving a visibly disabled man with a mobility aid on the roadside miles from home while seizing his only means of transport—constitutes extreme and outrageous conduct intended to cause, or in reckless disregard of the probability of causing, severe emotional distress.
21. The "cane and distance" abandonment—specifically the act of leaving a visibly disabled man with a mobility aid on the roadside miles from home while seizing his only means of transport—constitutes extreme and outrageous conduct intended to cause, or in reckless disregard of the probability of causing, severe emotional distress.
COUNT IX: Violation of Mandatory Elder Abuse Reporting Duty
22. Under Indiana Code § 12-10-3-9, any individual—including law enforcement officers and the Chief of Police—who has reason to believe that an endangered adult is a victim of exploitation, neglect, or battery shall make a report to Adult Protective Services (APS) or the local law enforcement agency.
23. During the encounter, Robbin Stewart explicitly explained to the Defendant Officers that the issues regarding the Vehicle’s plates were the direct result of elder abuse and stated that he was the victim of a crime; despite this disclosure and Robbin Stewart’s visible physical vulnerability, the Officers failed and refused to initiate an elder abuse report or investigation.
24. Defendant Michael Maurice, as Chief of Police, has maintained an ongoing policy or practice of failing to report such incidents to APS, erroneously believing the duty is limited to abuse occurring strictly within town limits or excluding police conduct.
25. The failure of the Defendant Officers and Defendant Michael Maurice to report these allegations constitutes a breach of a mandatory statutory duty.
22. Under Indiana Code § 12-10-3-9, any individual—including law enforcement officers and the Chief of Police—who has reason to believe that an endangered adult is a victim of exploitation, neglect, or battery shall make a report to Adult Protective Services (APS) or the local law enforcement agency.
23. During the encounter, Robbin Stewart explicitly explained to the Defendant Officers that the issues regarding the Vehicle’s plates were the direct result of elder abuse and stated that he was the victim of a crime; despite this disclosure and Robbin Stewart’s visible physical vulnerability, the Officers failed and refused to initiate an elder abuse report or investigation.
24. Defendant Michael Maurice, as Chief of Police, has maintained an ongoing policy or practice of failing to report such incidents to APS, erroneously believing the duty is limited to abuse occurring strictly within town limits or excluding police conduct.
25. The failure of the Defendant Officers and Defendant Michael Maurice to report these allegations constitutes a breach of a mandatory statutory duty.
COUNT X: Spoliation & Statutory Violations (APRA)
26. Defendant Craig Wiley intentionally failed to produce and failed to retain public records in violation of IC 5-14-3.
27. Defendants Stanfield and Wiley intentionally failed to preserve the physical evidence despite being on notice.
26. Defendant Craig Wiley intentionally failed to produce and failed to retain public records in violation of IC 5-14-3.
27. Defendants Stanfield and Wiley intentionally failed to preserve the physical evidence despite being on notice.
III. PRAYER FOR RELIEF
WHEREFORE, Robbin Stewart respectfully requests that the Court enter judgment against Defendants, jointly and severally, for the following:
- Compensatory damages in the amount of $42,000.00 for the replacement value of the Chrysler Town & Country van and the unique legal files contained therein;
- Treble damages in the amount of $42,000.00 for the unauthorized control and destruction of property pursuant to the Indiana Crime Victim’s Relief Act (IC 34-24-3-1);
- Compensatory damages in the amount of $2,000,000.00 for the injury to reputation and mental anguish caused by Defamation Per Se and Per Quod;
- Actual and nominal damages for the violation of Robbin Stewart’s rights under the Indiana Constitution (Art. 1, §§ 1, 11, 12, 16, and 21);
- Actual and nominal damages for Federal Constitutional violations pursued under 42 U.S.C. § 1983;
- Actual and nominal damages for the Elder Abuse Reporting violations resulting from the Defendants' breach of their mandatory statutory duty under IC 12-10-3;
- Reasonable attorney’s fees (estimated at $30,000.00) and all court costs pursuant to 42 U.S.C. § 1988 and Indiana statutory law;
- Civil penalties against Defendant Wiley and the Town for the intentional failure to retain and produce public records under IC 5-14-3-9.5 as ordered by the Court;
- An Order of the Court, in lieu of or in addition to damages for spoliation, providing that the destroyed evidence (including the legal files and vehicle condition) be presumed to have contained facts favorable to Robbin Stewart’s claims and unfavorable to the Defendants; and
- All other relief the Court deems just and proper in the premises.
JURY DEMAND
Robbin Stewart hereby demands a trial by jury on all issues so triable.
