both physical and mental injuries and are entitled to relief.
ATTORNEY'S FEES
70. If plaintiffs prevails in this action, by settlement or otherwise, plaintiffs are
entitled to and hereby demands attorney's fees under 42 U.S.C. Section 1988.
PRAYERS FOR RELIEF
WHEREFORE, DAN FRANKLIN, VIVIAN FRANKLIN, and, DESHAWN
FRANKLIN, prays for judgment against defendants, and each of them, jointly and severally, as

follows:
1. Special damages according to proof,

2. General damages according to proof,

V

Punitive and exemplary damages according to proof,

we

Costs of suit and reasonable attorneys fees,

4. That Plaintiffs be awarded reasonable expenses incurred in this litigation,
including reasonable attorney and expert fees, pursuant to 42 U.S.C, §1988 (b)
and (c).

5. Such other and further relief as the court deems just and proper

Respectfully submitted,

= _
W,\UImer, Atty. No. 27373-71
do Law Offices, Inc.
PX. Box 866

Bristol, Indiana 46507
E-mail: jake2737@gmail.com
Telephone: (574) 848-7600
Fax: (574) 622-0037



employee of the other defendants and was acting within the course and scope of said agency
and/or employment.

11. On or about July 7, 2012, DAN FRANKLIN, VIVIAN FRANKLIN, and,
DESHAWN FRANKLIN, were lawfully in possession of their home, when South Bend Police
Officers Defendants PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER
AARON KNEPPER went to the Franklin residence between the hours of 2 and 3 AM.

12. Upon arrival at the home, the Defendant officers beat loudly on the front door
awakening Mrs. Franklin.

13. When she opened the door, Defendants PATROLMAN ERIC MENTZ, PFC.
MICHAEL STUK, and OFFICER AARON KNEPPER, were standing at the door with weapons
drawn and flash lights in their hand shining the light in Mrs. Franklin's face. She was ordered out
of the house and placed on the front porch. The Defendant officers then without a warrant and
without probable cause, unlawfully entered the home in violation of the Fourth Amendment to
the U.S. Constitution, to wit, the right of the people to be secure in their . . . houses . . . against
unreasonable searches and seizures, first stopping at Mr. and Mrs. Franklin's bedroom.

14. Mr. Dan Franklin, who was asleep in the couples bedroom, and is disabled, was
ordered to get up out of the bed. He explained that he uses a cane to walk. One officer remained
with Mr. Franklin while the two other officers proceeded to go into the bedroom of the Franklin's
son, DeShawn.

15. The Defendant officers enter the bedroom of Deshawn, and he was awoke from
his sleep by being tased, and punched several times, as he screamed for his mother. Officers then

pulled him out of his bed to the floor, handcuffed and took him out of the home, placed him into


invitation, PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER AARON
KNEPPER entered into and onto said premises, thereby committing trespass.

46. | PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER AARON
KNEPPER were guilty of oppression, fraud, and malice, entitling plaintiffs to recover, in
addition to actual damages, damages for the sake of example and by way of punishing
defendants.

47. On or about October 16, 2012, DAN FRANKLIN, VIVIAN FRANKLIN, and,
DESHAWN FRANKLIN, filed a claim under the pursuant to Ind. Code § 34-13-3-6, setting forth
this and the following claims. On or about January 17, 2012, the City of South Bend rejected the
claims by failing to respond.

SEVENTH CAUSE OF ACTION
AGAINST PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER
AARON KNEPPER AND CITY OF SOUTH BEND
FOR BATTERY

48. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

49. On or about July 7, 2012, South Bend Police Officers Defendants PATROLMAN
ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER AARON KNEPPER
went to the Franklin residence between the hours of 2 and 3 AM., touched and
manhandled plaintiffs, beat Deshawn Franklin, without plaintiffs consent. In
addition, South Bend Police Officers Defendants PATROLMAN ERIC MENTZ,
PFC. MICHAEL STUK, and OFFICER AARON KNEPPER tased and

handcuffed Deshawn Franklin.

10


23. The foregoing violated plaintiffs right under the Fourth Amendment to be secure
in their persons from unreasonable seizures.

24. Asa direct and legal result of the foregoing, plaintiff Deshawn Franklin was hurt
and injured in his health, strength, and activity, sustaining injury to his body and shock and
injury to his nervous system and person, which have caused, and will continue to cause, plaintiff
great physical, mental, and emotional pain and suffering, all to his general damage in a sum
which will be proven at trial.

THIRD CAUSE OF ACTION
AGAINST PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER
AARON KNEPPER FOR UNLAWFUL ARREST
(FOURTH AMENDMENT)

25. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

26. PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER AARON
KNEPPER without 4 warrant and without probable cause, arrested plaintiff in violation of
plaintiff's Fourth Amendment right to be secure in his person from unreasonable seizure and his
Fourteenth Amendment right not to be deprived of his liberty without due process of law.

FOURTH CAUSE OF ACTION

AGAINST ALL DEFENDANTS

FOR INVASION OF PRIVACY
(FIRST AMENDMENT)

28. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

29. After the incident, defendants to the local media, that Plaintiff home had been

entered because a violent crime had been committed and the suspect was in the Plaintiffs' home.


a patrol vehicle, where he sat with a taser probe embedded in his side for at least two hours.

16. Due to the location of the probe paramedics were called to the scene to render
medical treatment. After several hours he was released. Officers explained they had been looking
for the Franklin's older son, who did not live there.

17. The Franklin's older son, who the police claimed they were looking for arrived at
the home while officers were still on the scene, but was not arrested.

18. At all times herein mentioned, all defendants were acting under color of law.

19. The actions of PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and
OFFICER AARON KNEPPER, were reckless and grossly negligent and legally caused plaintiffs
damages according to proof at trial.

20. The actions of PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and
OFFICER AARON KNEPPER, were motivated by evil motive or intent and involved reckless
and callous indifference to the federally protected rights of others entitling plaintiffs to punitive
damages.

SECOND CAUSE OF ACTION
AGAINST PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER
AARON KNEPPER FOR USE OF EXCESSIVE FORCE
(FOURTH AMENDMENT)

21. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

22. Defendants PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and
OFFICER AARON KNEPPER, thereupon assaulted, battered, and used excessive force on
Plaintiff Deshawn Franklin. In addition, PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK,

and OFFICER AARON KNEPPER tased and handcuffed plaintiff Deshawn Franklin.


so.

39. The senior officer among the Defendants present, who will be identified after
discovery has been conducted, had the ability to prevent the two other defendants from
assaulting, battering and using excessive force upon plaintiff, but recklessly and with gross
negligence, failed to do so.

40. The senior officer among the Defendants present, who will be identified after
discovery has been conducted, had the ability to prevent the other two officers from unlawfully
arresting plaintiff, but recklessly and with gross negligence, failed to do so.

41. The senior officer among the Defendants present, who will be identified after
discovery has been conducted, had the ability to prevent the other two officers from unlawfully
arresting plaintiff, but recklessly and with gross negligence, failed to do so.

42. All defendants had the ability to prevent transmission of information and
misinformation about plaintiffs to the local media, but recklessly and with gross negligence,
failed to do so.

SIXTH CAUSE OF ACTION
AGAINST AGAINST PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and
OFFICER AARON KNEPPER AND CITY OF SOUTH BEND
FOR TRESPASS

43. Plaintiffs restate and reiterates all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

44. On or about July 7, 2012, DAN FRANKLIN, VIVIAN FRANKLIN, and,
DESHAWN FRANKLIN, were lawfully in possession of their home, and were entitled to

exclusive possession thereof.

45. At said time and place, without a warrant and without probable cause or


STATE OF INDIANA ) IN THE ST. JOSE@H C 'T/SUPERIOR COURT

)ss:
ST. JOSEPH COUNTY _+) CAUSENO. 7]Co\ -\Boa-~ SL -Co04a

DAN FRANKLIN, VIVIAN FRANKLIN,
and, DESHAWN FRANKLIN,

Plaintiffs,

Vv.
PETE BUTTIGIEG, MAYOR, eee ;
CHARLES HURLEY, Interim Chief of FEB 26 2013 Cet
Police of the South Bend Police Department, HB veEE tcne ae
PATROLMAN ERIC MENTZ, St Josehi Citciit Court

PFC. MICHAEL STUK, and

)
)
)
)
)
CIVIL CITY OF SOUTH BEND, ) eFIL ED-
)
)
)
OFFICER AARON KNEPPER, )
)
)

Defendants. JURY DEMAND
COMPLAINT AT LAW

COMES NOW, the Plaintiffs, DAN FRANKLIN, VIVIAN FRANKLIN, and,
DESHAWN FRANKLIN, by and through their counsel, Johnny W. Ulmer, and for their cause of
action would state as follows:

I. INTRODUCTION

This action arises under the Fourth, Fifth and Fourteenth Amendments to the United
States Constitution; under federal law, specifically, 42 U.S.C. §§1983 and 1988; under the
Indiana governmental tort liability statutes; and under Indiana common law for intentional
and/or negligent infliction of emotional distress, excessive force, deliberate indifference,
unlawful law enforcement entry, negligence by the Civil City of South Bend, false imprisonment,

false arrest, failure to train, conspiracy to deprive the Franklin's of their civil rights, battery,

wrongful arrest, violating the security of the plaintiffs home, negligent supervision, gross


56. Plaintiffs aver that the Defendants are liable to them for false imprisonment.

57. Asa direct and proximate result of the false imprisonment by the Defendants,
Plaintiff Deshawn Franklin suffered personal injuries, and DAN FRANKLIN, VIVIAN
FRANKLIN, and DESHAWN FRANKLIN suffered emotional distress.

TENTH CAUSE OF ACTION
AGAINST DEFENDANTS PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK,
OFFICER AARON KNEPPER, PETE BUTTIGIEG, MAYOR, CHARLES HURLEY,
Interim Chief of Police of the South Bend Police Department,
AND CITY OF SOUTH BEND INDIANA PURSUANT TO INDIANA GOVERNMENTAL

TORT LIABILITY/INDIANA COMMON LAW
(Negligence)

58. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

59. Each Defendant owed Plaintiffs a duty to use due care at or about the times of the
aforementioned incident.

60. In committing the aforementioned acts and/or omissions, each Defendant
negligently breached said duty to use due care, which directly and proximately resulted in the
injuries and damages to the Plaintiffs as alleged herein.

ELEVENTH CAUSE OF ACTION
AGAINST DEFENDANTS PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK,
OFFICER AARON KNEPPER, PETE BUTTIGIEG, MAYOR, CHARLES HURLEY,
Interim Chief of Police of the South Bend Police Department,
AND CITY OF SOUTH BEND INDIANA PURSUANT TO INDIANA GOVERNMENTAL
TORT LIABILITY/INDIANA COMMON LAW
(Negligent Supervision)

61. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as

if set forth in full at this point.

62. Each Defendant owed Plaintiffs a duty to use due care at or about the time of the

12


EIGHTH CAUSE OF ACTION
AGAINST DEFENDANTS PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and
OFFICER AARON KNEPPER
AND CITY OF SOUTH BEND
FOR FALSE ARREST

50. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

51. At the above said time and place, PATROLMAN ERIC MENTZ, PFC. MICHAEL
STUK, and OFFICER AARON KNEPPER, without a warrant and without probable cause,
falsely arrested plaintiff Deshawn Franklin.

NINTH CAUSE OF ACTION
AGAINST DEFENDANTS PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and
OFFICER AARON KNEPPER AND CITY OF SOUTH BEND INDIANA PURSUANT TO
INDIANA GOVERNMENTAL TORT LIABILITY/INDIANA COMMON LAW
(False Imprisonment)

52. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

53. Plaintiffs aver that the Defendants breached a duty of care owed to Plaintiffs, so as
not to deprive them of their personal liberty, by intentionally restraining or detaining Plaintiffs
without just cause and without mittimus from a court.

54. Plaintiffs aver that the Defendants, without probable cause, wrongfully and
unlawfully detained and restrained Deshawn Franklin, against his will through use of force for a
period of close to 120 minutes.

55. At no time during the detainment did plaintiffs DAN FRANKLIN and VIVIAN

resist or attempt to resist the Defendant officers, but were fully cooperating with the orders of the

Defendants who had guns pointed at them at various times.

11


30. By supplying such information to the media, defendants knew and intended that
such information would be published to the community.

31. | The media published the defendant's untrue version of the incident.

32. The foregoing violated plaintiffs' First Amendment right to privacy.

FIFTH CAUSE OF ACTION
AGAINST ALL DEFENDANTS
FOR FAILURE TO PROTECT PLAINTIFF

33. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

34. Defendants or some of them placed plaintiffs in positions of danger, to wit, having
their home invaded without probable cause and without a warrant, subjecting Deshawn Franklin
to excessive force, falsely arresting him, and invading the Franklin's privacy.

35. Defendants and others of them had the then present ability to protect plaintiffs
from harm.

36. The senior officer among the Defendants present, who will be identified after
discovery has been conducted, could have prevented the other two officers from entering the
apartment but recklessly and with gross negligence, failed to do so.

37. The senior officer among the Defendants present, who will be identified after
discovery has been conducted, had the ability to prevent the other two officers from entering the
home but recklessly and with gross negligence, failed to do so.

38. The senior officer among the Defendants present, who will be identified after
discovery has been conducted, had the ability to prevent the officers from assaulting, battering

and using excessive force upon plaintiff, but recklessly and with gross negligence, failed to do


capacity as a Police Officer employed by the South Bend Police Department, and was at all times
material to the allegations in this Complaint, acting in his capacity as a Police Officer employed
by the City of South Bend, Indiana, and was acting under color of state law.

8. The Defendant, CITY OF SOUTH BEND, is a political subdivision of the State
of Indiana, for which Defendants PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and
OFFICER AARON KNEPPER, serve as police officers, CHARLES HURLEY, serves as Interim
Chief of Police of the South Bend Police Department, and PETE BUTTIGIEG, serves as Mayor.
MAYOR. CITY OF SOUTH is the political subdivision of the State of Indiana responsible for
the training and supervision of Defendants PATROLMAN ERIC MENTZ, PFC. MICHAEL
STUK, and OFFICER AARON KNEPPER. PETE BUTTIGIEG, as Mayor, and the CITY OF
SOUTH BEND, has established or delegated to Defendant CHARLES HURLEY, as Interim
Chief of Police of the South Bend Police Department, the responsibility for establishing and
implementing policies, practices, procedures, and customs used by law enforcement officers
employed by City of South Bend regarding arrests and African-American citizens or citizens
with disabilities.

_FIRST CAUSE OF ACTION AGAINST DEFENDANTS
PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK,
and OFFICER AARON KNEPPER,

FOR VIOLATING THE SECURITY
OF PLAINTIFFS' HOME

(FOURTH AMENDMENT)
9. This action arises under Title 42 U.S. Code Sections 1983 and 1988 and the
United States Constitution.

10. At all times mentioned herein, each of the defendants was an agent and/or


3. Plaintiff, DESHAWN FRANKLIN, An African-American, is a citizen and

resident of South Bend,

4, Defendant CHARLES HURLEY, is a citizen and resident of South Bend, Indiana
and was at all times material to the allegations in this Complaint, acting in his capacity as a
Interim Chief of Police of the South Bend Police Department, and was acting under color of state
law, and is responsible for the supervision and training of the Defendants PATROLMAN ERIC
MENTZ, PFC. MICHAEL STUK, and OFFICER AARON KNEPPER. Defendant HURLEY, as
the Interim Chief of the South Bend Police Department, is further, responsible for making and/or
implementing policies and practices used by law enforcement officers employed by the City of
South Bend, Indiana, regarding arrests and the use of force.

5. Defendant, PATROLMAN ERIC MENTZ, is a citizen and resident of South Bend,
Indiana and was at all times material to the allegations in this Complaint, acting in his capacity
as a Police Officer employed by the South Bend Police Department, and was at all times material
to the allegations in this Complaint, acting in his capacity as a Police Officer employed by the
City of South Bend, Indiana, and was acting under color of state law.

6. Defendant, PFC. MICHAEL STUK, is a citizen and resident of South Bend,
Indiana and was at all times material to the allegations in this Complaint, acting in his capacity
as a Police Officer employed by the South Bend Police Department, and was at all times material
to the allegations in this Complaint, acting in his capacity as a Police Officer employed by the
City of South Bend, Indiana, and was acting under color of state law.

7. Defendant, OFFICER AARON KNEPPER, is a citizen and resident of South

Bend, Indiana and was at all times material to the allegations in this Complaint, acting in his


negligence, assault, slander and defamation.

Defendants PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER
AARON KNEPPER, were not acting in the scope of their employment, when, under color of
state law, they unlawfully entered into the Plaintiffs's DAN FRANKLIN, VIVIAN FRANKLIN,
and, DESHAWN FRANKLIN, home, without a warrant, where there were no exigent
circumstances, and began an unreasonable search and seizure, ultimately using excessive use of
force against Plaintiff DESHAWN FRANKLIN.

The Defendants’ actions caused injury to the Plaintiff.

Action is also brought against the CIVIL CITY OF SOUTH BEND (“City of South
Bend”), PETE BUTTIGIEG, MAYOR, and CHARLES HURLEY, Interim Chief of Police of the
South Bend Police Department, for failure to properly train and supervise the individual
Defendants PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and OFFICER AARON
KNEPPER, in the proper use of force and techniques used to secure the search of a home,
failure to implement a policy for dealing with minority or disabled citizens that does not violate
their civil rights or encourage mistreatment of minorities or citizens with disabilities and for
establishment of policies, procedures, practices, and customs regarding arrests that result in the
excessive use of force.

PARTIES

1. Plaintiff, DAN FRANKLIN, an African-American, is a citizen and resident of
South Bend, Indiana.
2. Plaintiff, VIVIAN FRANKLIN, an African-American, is a citizen and resident of

South Bend, Indiana.


aforementioned incidents.

63. Defendants CITY OF SOUTH BEND, and PETE BUTTIGIEG, MAYOR,
negligently supervised Defendant CHARLES HURLEY, Interim Chief of Police of the South
Bend Police Department, who in turn negligently supervised Defendants PATROLMAN ERIC
MENTZ, PFC. MICHAEL STUK, OFFICER AARON KNEPPER by failing to provide proper
training and outline proper procedure with minorities and disabled persons.

64. In committing the aforementioned acts or omissions, each Defendant negligently
breached said duty to use due care, which directly and proximately resulted in the injuries and
damages to Plaintiffs as alleged herein.

TWELFTH CAUSE OF ACTION
AGAINST DEFENDANTS PATROLMAN ERIC MENTZ, PFC. MICHAEL STUK, and
OFFICER AARON KNEPPER AND CITY OF SOUTH BEND
PURSUANT TO INDIANA COMMON LAW FOR ASSAULT

65. Plaintiffs restate and reiterate all of the foregoing paragraphs of this complaint as
if set forth in full at this point.

66. Plaintiffs aver that the actions of the Defendants breached a duty of care owed to
Plaintiffs to not assault them or cause them physical harm or injury, except to the extent allowed
by law.

67. Plaintiffs aver that the Defendants knowingly, wantonly, intentionally, and with
gross disregard for the rights of Plaintiffs, assaulted them by pointing firearms at Mrs. Vivian
Franklin, and punching, slamming to the bedroom floor and tasing Deshawn Franklin.

68. Further, Plaintiff Deshawn Franklin was shoved into the back seat of a patrol car
and left handcuffed with a taser probe in his side for at least two hours, in fear.

69. Asa direct and proximate result of the acts of the Defendants, Plaintiffs suffered

13