Filed: 2/17/2020 10:28 AM Clerk Allen County, Indiana BB 02D02-2002-CT-000103 Allen Superior Court 2 STATE OF INDIANA IN THE ALLEN SUPERIOR COURT ) SS: COUNTY 0F ALLEN CAUSE NO. ) BRAD BULLERMAN and ERIN BULLERMAN, friend as parents and next of of their minor child “C.B.”, Plaintiffs, v. VVVVVVVVVVVVV ALLEN COUNTY SHERIFF DAVID GLADIEUX (sued in his official and individual capacities), Defendant. COMPLAINT Plaintiff alleges against 1. The Plaintiffs are for their 2. Defendant that: Brad Bullerman and Erin Bullerrnan, minor child, “C.B.”, all as parents and next of friend ofwhom reside in Allen County in the State of Indiana. Defendant Allen County Sheriff David Gladieux, herein sued in his official and was individual capacities, individual capacities acting as a person under color of law in both his official and 0n July 16, 201 9, when, at about 10:45 p.m., he unlawfully seized and used excessive force on “QB.” in violation of C.B.’s rights under the Fourth Amendment of the United 3. States Constitution. Defendant Allen County Sheriff David Gladieux Plaintiff C.B. as set forth in the attached Tort delivered to Sheriff is also guilty of battery upon Claim Notice (Exhibit A) which was hand David Gladieux on 0r about August 22, 2019 (which incorporated herein as though fully set forth below). -1- the is 4. Plaintiffs policy contend that Defendant Sheriff David Gladieux was operating as the official maker 0f the office 0f the Allen County Sheriff, and he was acting in individual capacity as a person under color of law pursuant t0 42 U.S.C. § 1983, he assaulted and battered the minor Plaintiff “C.B.”. 0f alcohol and acted 5. As when Sheriff David Gladieux smelled such a manner that Plaintiffs believe that he was intoxicated. in a direct and proximate result 0f the Sheriff’ s unconstitutional actions Plaintiff C.B.’S Fourth his Amendment rights, Which violated C.B. was pushed t0 the ground and suffered physical pain, emotional distress, mental anguish, fear and other similar damages and injuries. tested Plaintiff C.B. for damages was taken t0 Parkview Health Emergency Room where he was to his kidneys. Plaintiffs incurred medical/hospitalization expenses. 6. Plaintiffs allege that Allen County Sheriff David Gladieux Violating the constitutional rights of C.B. under the Fourth § is liable t0 Plaintiffs for Amendment and 42 U.S.C. 1983, that the Allen County Sheriff David Gladieux acted intentionally and in reckless disregard 0f Plaintiff C.B.’s federally protected rights and that Sheriff Gladicux is liable under the (intentionally striking tort laws 0f the State 0f Indiana for assault and battery and pushing down the minor juvenile C.B. and touching C.B. a rude, angry and insolent manner. Allen County Sheriff David Gladieux the Plaintiffs for both compensatory damages and punitive damages. WHEREFORE, Plaintiffs prays for in is liable t0 judgment against the Defendant, for compensatory damages, punitive damages, reasonable attorney’s fees and relief in the premises. David costs, and for all other just and proper JURY DEMAND Pursuant t0 Rule 38 of the Indiana Rules 0f Trial Procedure, Plaintiffs demand a trial juxy in this action. Respectfully submitted, CHRISTOPHER C. MYERS & ASSOCIATES /s/Christopher C. Myers Christopher C. Myers, #10043-02 809 South Calhoun Street, Suite 400 Wayne, IN 46802 Telephone: (260) 424-0600 Fort Facsimile: (260) 424—0712 E—mail: cmyers@myers-law.com Counsel for Plaintiff by //‘-. CHWSTOPHER C. MYERS 8: ASSOCIATES GS} LAW OFFICES 809 S. Calhoun 1h @g@> V“,\\x;;f; Street Suite 400 O Fort Wayne, IN 46802 (260) 42443600 o (260) 424-0712 . f J CHRISTOPHER C. MYERS CATHY T. SERRANO cmyers@1nyers-lawcom cserrano@myers~1aw.com August 22, 2019 Sheriff David Gladieux Allen County Sheriff” s Department 715 South Calhoun Street F011 Wayne, IN 46802 VIA HAND DELIVER Y T0: J. Spencer Feighner Haller & Colvin, PC 444 East Main Street Fort Wayne, IN 46802 RE: Brad and Erin Bullerman his representative, official, minor child CB) v. Sheriff David Gladieux and individual capacities) (for (in TORT CLAIM NOTICE T0 Whom it This Concerns: is the T011 Claim 0f Brad Bullerman and Erin Bullerman, for their minor son, “C.B.”. Time, Date and Location of Loss: On July 16, 2019, at approximately 10:45 pm. at the Three Rivers Pestival/Headwaters Park in Fort Wayne. Circumstances 0f Loss: The minor child, C.B., was closing the Sponsor Hospitality Tent. At about 10:45 p.111. CB. saw 2 men walking towards the restrooms which had been closed. CB. walked around t0 where the restrooms were and saw the gate was moved open. At that point a. man came out and CB. told him “Sir the restrooms are closed, can I see your badge.” Festival officials with “badges” were allowed in certain sections of the fucking Sheriff, move out 0f my way.” CB. festival. insisted The person responded, “I am 0n seeing the person’s badge. the CB. was not the real Allen County Sheriff, because this person smelled 0f alcohol. who was the Allen County Sheriff David Gladieux, held up what could have been believed the person The individual, a festival badge/Iényard for a second 0r the Sheriff pushed CB‘ two and then dropped very hard t0 the ground. CB. it, (CB. couldn’t read it) and then got up and called for an officer t0 come C.B.’s mother, Erin Bullerman was also working the Three Rivers Festival, She was assist. approached by Sergeant John Nichter 0f the Fort Wayne Police Department who was explaining something about her son, but the music was too loud. Mrs. Bullerman saw her son, red faced and and holding back tears, next t0 Sergeant Nichter, lower back. Mrs. Bullerman understood that CB. was standing but holding his right hand 0n his CB. had been pushed and She ran t0 get a bag 0f CB. pointed out a man Who was at the time yelling at Sergeant Clay Taylor 0f the Fort Wayne Police Department. CB. stated that this man (Allen County Sheriff David Gladieux) pushed him down and he landed 0n something hard. Mrs. Bullerman heard the Sheriff tell the Sergeant that “hel(C.B.) was just a fucking kid, there is not a goddamn thing he can d0 about it.” ice. appeared t0 Mrs. Bullel‘man that Gary Grant, (the individual with the Sheriff) ballad up his fist ready t0 hit the Sergeant/Officer. Officer Kizziar grabbed the Grant’s arm and said “you don’t It want t0 d0 that”. Mrs. Bullerman stated t0 Sergeant Nichter that the man’s badge should be taken, to which Sergeant Nichter replied, “he is the Sheriff.” Mrs. Bullerman grabbed her son CB. and got him medical statement. attention. Sergeant Nichter came t0 the North for medical t0 see CB. and On him to take his Parkview way t0 the hospital, Mrs. Bullerman Googled the Sheriff and of the Sheriff t0 CB. who positively identified him as the person W110 pushed hospital, CB. was tested for damage t0 his kidneys and fortunately, the urine attention. presented a picture the him down. At the test came back 0k and he was released with instructions lower back, and t0 watch for any blood in his urine. Names bunkhouse Shortly thereafter, Mr. Bullerman arrived and C.B.’s parents drove t0 keep an eye 0n the painful area 0f his 0f Individuals Involved: Brad Bullérman, C.B.’s father Erin Bullerman, C.B.’s mother The minor child “CB.” Wayne Police Department Sergeant Clay Taylor 0f the Fort Wayne Police Department Officer Kizziar 0f the Fort Wayne Police Department Sergeant John Nichter 0f the Fort Allen County Sheriff David Gladieux 2 medics who arrived 0n scene t0 check out “CB.” Sheriff Deputy Gary Grant NurseS/Physicians at Parkview North who attended t0 C.B.’S injuries Damages/[niul‘ies: Physical pain, mental suffering, emotional distress, humiliation, embarrassment, unlawful and excessive force. Relief Requested: Monetary‘damages within the than $300,000.00: limits allowed by the Indiana Tort Claims Act, and 110 less Address 0f Claimants: Both Street, at the time 0f the incident, and presently, the Claimant’s address is 302 East South Monroeville, IN 46773 Very Truly Yours, CHRISTOPHER C. MYERS & ASSOCIATES [/1 flffixfi~ ., )1 fl ”a Z/Ejfiifi‘j L_M Christopher C. Myers CCM/rlb IN RE: Brad and Erin Bullerman official minor child CB) v. Sheriff David Gladieux and individual capacities) (for (in his CERTIFICATE OF HAND DELIVERY The undersigned hereby swears and affirms that a true and correct copy 0f the Tort Claim Notice dated August 22, 2019, was hand-delivered by me 0n this 22nd day 0f August, 2019, addressed VIA J. to: HAND DELIVERY ONLY TO: Spencer Feiglmer Haller & Calvin, PC 444 East .Maz‘n Street Fort Wayne, 1N 46802 M/vr/ W tori K. Kolb, Legal Assistant Christopher C. Myers 809 South Calhoun Fort & Associates Street, Suite 400 Wayne, Indiana 46802 CERTIFICATE 0F RECEIPT OF HAND DELIVERY The undersigned hereby swears and affirms that he received by hand~delivery a copy 0f Claim Notice dated August 22, 2019, 0n this 22nd clay of August, 2019, the Tort 0/2/ J. lceWe' S ler & C01 in, PC 444 East Main Street Fort Wayne, IN 46802 Ha 161‘