Civil Rights

Hands on jail barsAttorney Gladish has actively pursued excessive force/police brutality claims to protect the constitutional rights of his clients. Congress has passed several federal statutes to protect a person’s constitutional rights which are designed to protect against discrimination based upon a person’s age, race, sex, ethnicity and/or religion. Congress has passed laws that also protect a person from being discriminated based upon a known disability, and protects persons from constitutional violations by government, including police brutality.

In 2010, the Indiana Supreme Court reviewed the case of Wilson v. Isaac, 929 N.E.2d 200 (Ind.2010). In the Wilson case, the Indiana Supreme Court found that local police departments are not immune from suit under the Indiana Tort Claims Act for excessive use of force by police officers during the course of an arrest, unless the deputy “reasonably believed” that the force was necessary to effectuate a lawful arrest. Usually, the issue of excessive force goes to a jury, unless the undisputed evidence demonstrates that the officer was clearly using reasonable force in effectuating a lawful arrest. Further, governments employing the officers will have liability for their use of excessive force under a theory of respondeat superior up to the Tort Claims Act limit. The current cap for a current Tort Claims Act for an individual claim is $700,000.00.

An example of the above was when Attorney Gladish tried the case of A.J. Lindsey v. John Meznarik, et al., in the Lake Superior Court, Room Two, in East Chicago, Indiana. After three days of trial, the Plaintiff was able to obtain a verdict in the amount of $(Rule 7.2 does not allow Attorney Gladish to list this amount), plus an award of $(Rule 7.2 does not allow Attorney Gladish to list this amount) for attorney fees. The verdict was for compensatory damages and punitive damages associated with the Lake County Sheriff’s Department wrongfully arresting and violating Mr. Lindsey’s constitutional rights.