Monday, April 7, 2014

BREAKING NEWS: Lafayette Police Department, Officer Jeffrey Webb Sued in Federal Court For Alleged Fourth Amendment Violation & Battery

UPDATE:  WLFI-TV 18 has now reported this story.  They have provided a link to the documents.  You can read them at this link.


The City of Lafayette is facing yet another Civil Rights lawsuit filed against the Lafayette Police Department in the U.S. District Court for the Northern District of Indiana on April 7, 2014. The lawsuit was filed on behalf of Andrew Phillips of Lafayette.

Andrew Phillips claims Officer Webb violated his civil rights.
Also named in the lawsuit is LPD Officer Jeffrey T. Webb, the same officer who is the subject of  recent controversy in the matter involving alleged excessive force against Erin Gardner.

The suit alleges that on January 7, 2013 LPD officers Jeffrey Webb and Ron Dombkowski knocked on Phillips's door at his home located at 807 S. 29th Street.  They reportedly asked to search his home.  The request was denied, and Phillips asked to see a search warrant.  When the officers could not produce a warrant, they asked the Plaintiff to step outside to speak with them. 

The Plaintiff reportedly advised the officers that he would speak with them in his yard.  When Phillips exited the home he was asked for identification.  He refused to provide identification and asked why so many officers were present.  He was told to remove his hands from his clothing, which he did. 

Phillips was then asked to consent to a search after he told the officers he had a gun inside.  Phillips reportedly refused to allow the officers to search.  Webb then reportedly drew his gun and put it in "low ready at Plantiff's knees."

Phillips claims that at that point he was "physically spun around and had his hands placed above his head."  He claims he was then searched by Webb without consent. 

The Fourth Amendment to the U.S. Constitution reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


The suit alleges that Phillips was deprived of his Fourth Amendment rights against unreasonable search and seizure.

"At no time did facts and circumstances that Plaintiff was 'armed and dangerous' permitting a pat down by law enforcement," read a portion of the complaint.  "Because no reasonable suspicion existed at the time of the search of the Plaintiff, or at any other relevant time, no reasonable officer could have believed Webb's actions were within bounds of the law."

The lawsuit also alleges that Webb committed battery against Phillips "by intentionally touching Plaintiff's body in a rude, insolent, or offensive, harmful manner Webb did inflict a battery upon Plaintiff."

Lafayette attorney Kirk Freeman is representing Phillips who is asking  $100,000 in damages.

https://www.youtube.com/watch?v=6wXkI4t7nuc

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22 comments:

  1. This is getting ridiculous! Where is the accountability? It's time to fire the police chief and mayor!

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    1. Ano 7:33......The only one who can fire the Chief of Police is the Mayor. Of course only the people (voters) can sack the mayor. Wishful thinking.

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  2. Oh my lands. NOTICE TO ALL WHO HAVE HAD THEIR CIVIL RIGHTS VIOLATED BY THE LAFAYETTE CITY POLICE, FILE A SUIT NOW..............; WHILE THE CITY STILL HAS MONEY IN THE BANK. Good gracious, this is way out of control.

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  3. This Webb and Dombkowski seem to have a problem playing by the rules. I wonder how they would handle a job where they couldn't brandish a sidearm all the time. It seems like the gun gives them a bit of a "big boy" complex.

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  4. For all the good Mayor Roswarski has done it's becoming fairly clear what so many had concerns about, the city has been run by police officers (former) for a quarter century or more. There is no check and balance and by now the police departments, both cities, are operating unrestrained. It might be time for a grand jury. But OH NO Pat Harrington is "law enforcement" too. We are in a big fix. Better pay close attention to who we elect as Tippecanoe Sheriff.

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    1. Well Ima, hold on to your a**, the people just elected and ex LPD officer to be the republican choice for Sheriff.

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  5. I heard the FBI was reading this blog. Maybe they'll come put a stop to this nonsense at the LPD. I hope the Republicans get an electable mayoral candidate ready. Old Tony is on his way out.

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    1. Frankly, I really hate to see it. I like the mayor. But if he can't get this straightened out he it will land on his head. For all the talk on this blog by the cop girlfriends about how "they ain't all bad" YES THEY ARE ALL BAD, if they let these rogue coppers continue to run amuck. You get judged by your associations, the men in blue should recognise this line of thinking.

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  6. By the way, don't ever go out of your house. Further do not INVITE the law into your house. Some interpretations of the 4th amendment hold that by doing so you give away your 4th amendment rights. I think that is a liberal reading, but to save your rights don't even open the door. You can read a search warrant through the window. The moment you start talking you start LOSING.

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  7. What the hell are these officers being taught at the police acedemy?

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  8. When stopped by police, follow these simple rules:

    1) Ask, "Am I free to go? and then "Am I being detained?"
    2) If arrested, you must verbally invoke your fifth amendment rights. Say, "I am invoking my fifth amendment right and do not wish to speak to you. I am requesting an attorney."

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  9. Oh my gawd....yet, another story from our finest. Always the same names. It just sets me on fire all over again. GRRRR

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  10. Geez Oh Pete! Is this some sort of sick joke? Why are Webb, Domkowski, and Williams, Jr. still working at the LPD?!!!

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  11. Do yourself and your family a favor. Watch this 50 minute video. I'm fairly certain you will NEVER be sorry you spent the time. This should be shown to all civic students in highschool. https://www.youtube.com/watch?v=6wXkI4t7nuc

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  12. Why don't we ever hear about any of this in the newspaper? Thanks for being the community watchdog!

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    1. This is the newspaper, silly

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    2. You are probably thinking of the Journal & Courier. They are in cahoots with LPD.

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  13. If I ever get stopped by that Officer Webb I am asking for a different officer.

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  14. The LPD has been corrupt for a very long time. It is up to the tax payers to get these individuals out of the seats that they have made themselves comfortable in, and move on to someone that wants to see the City of Lafayette prosper, not fall further and further into a system that it's people don't even trust. The Mayor needs to go, The Payne's need to go. They are all corrupt, and its sad that no one can do anything about it because our votes dont even really matter, we vote and they elect whom they choose.

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  15. Just to clear up one point. No, there is no law to have an ID.

    However, if you have any contact with the police, they can legally detain you until your identity is established. This could happen if you were simply in the wrong place at the right time, such as walking past a place that was just robbed.

    You can get a picture ID from the same place you get your drivers license.

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  16. Typical comments from typical high class Lafayette "law abiding" citizens.....if you don't break the law then they won't be knocking on your door...smh

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  17. You all understand that this is just one side of the story right? Anyone can sue anyone for literally anything in this wonderful country. If this cop acted inappropriately then I want him fired, but I'm not going to just take this as fact. I'll follow this case in federal court. I'll be curious if this site continues to cover it if it gets thrown out.

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