Case 1:20-cv-01747-TWP-TAB Document 1 Filed 06/26/20 Page 1 of 8 PageID #: 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
IVORÉ WESTFIELD and
RACHEL HARDING,

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Plaintiffs,
vs.
SGT JOHN DOE,
OFFICER JOHN DOE 2,
OFFICER JOHN DOE 3,
OFFICER JOHN DOE 4,
Defendants.

Case Number: 1:20-cv-1747

COMPLAINT AND DEMAND FOR JURY TRIAL
COME NOW the Plaintiffs, by counsel, Terrance Kinnard, and for their Complaint and
Demand for Jury Trial, state the following:
PRELIMINARY STATEMENT
1. This is a federal civil rights action alleging that, while acting under color of the laws of
the State of Indiana, state actor Defendants deprived the Plaintiffs of rights guaranteed by the
Fourth and Fourteenth Amendments to the United States Constitution.
PARTIES
2.

The Plaintiff, Ivoré Westfield (“Ms. Westfield”), is an adult natural person who resides

in Marion County, Indiana.
3. The Plaintiff, Rachel Harding (“Ms. Harding”), is an adult natural person who resides
in Marion County, Indiana.
4. The Defendant, Sgt. John Doe (“Sgt. Doe”), is an as-yet unidentified law enforcement
sergeant employed and empowered by the Indianapolis Metropolitan Police Department.
5. The Defendant, Officer John Doe 2 (“Officer Doe 2”), is a law enforcement officer
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employed and empowered by the Indianapolis Metropolitan Police Department.
6. The Defendant, Officer John Doe 3 (“Officer Doe 3”), is a law enforcement officer
employed and empowered by the Indianapolis Metropolitan Police Department.
7. The Defendant, Officer John Doe 4 (“Officer Doe 4”), is a law enforcement officer
employed and empowered by the Indianapolis Metropolitan Police Department.
JURISDICTION AND VENUE
8. The Plaintiffs herein invoke the Court's federal question jurisdiction, pursuant to 28
U.S.C. § 1331 and 1343, to obtain a judgment for damages suffered and sustained by the Plaintiffs
and caused by the Defendants’ violation of the Plaintiffs’ rights, privileges, and immunities, as
guaranteed by the Fourth and Fourteenth Amendments to the Constitution of the United States of
America and by applicable federal statutes, specifically 42 U.S.C. §§ 1983 and 1988, and for the
costs of suit, including reasonable attorney’s fees.
9. Venue in the Indianapolis Division of the Southern District of Indiana is appropriate
pursuant to 28 U.S.C. § 1391(b), as a substantial portion of the events which give rise to this action
took place within this District.
FACTUAL ALLEGATIONS
10. On May 25, 2020, George Floyd (“Mr. Floyd”) died as a result of police use of force
in Minneapolis, Minnesota.
11. Cell phone and other recordings of Mr. Floyd’s death were widely broadcasted to the
general public through social media as well as the main stream media.
12. The manner by which Mr. Floyd died in police custody sparked widespread protests
throughout the United States and throughout the world.
13. These protests soon turned violent as individual groups caused substantial property
damage and injury to civilians and law enforcement personnel.
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14. On May 29, 2020 and again on May 30, 2020, the downtown Indianapolis area was
devastated by large scale property damage, physical injuries, and two (2) fatal shootings possibly
related to the violent protests.
15. On Sunday, May 31, 2020, Indianapolis Mayor Joseph H. Hogsett issued Executive
Order No. 6, 2020 (the “Executive Order”) declaring a “warning-level nighttime local travel
emergency and a mandatory curfew that appli[ed] to all public streets and public places in Marion
County.”
16. The curfew established by the Executive Order was in effect from 8:00 p.m. on May
31, 2020 until 6:00 a.m. on June 1, 2020.
17. Ind. Code § 10-14-3-34 provides that an individual who “knowingly, intentionally, or
recklessly violates” the Executive Order commits a Class B misdemeanor.
18. Ms. Harding was present in the Indianapolis downtown area on the evening of May 31,
2020, along with hundreds of others gathered to peacefully protest for law enforcement reform.
19. Ms. Westfield was present in the Indianapolis downtown area on the evening of May
31, 2020 to photograph the activities of the protesters as well as various graffiti marking the
downtown area.
20. Prior to May 31, 2020, Ms. Westfield and Ms. Harding were not acquainted with each
other.
21. As curfew approached, Ms. Westfield realized that her ride was not available to
transport her home.
22. Furthermore, officers of the IMPD and other agencies blocked incoming traffic to the
Indianapolis downtown area preventing vehicular traffic ingress to the downtown area.
23. Ms. Westfield and Ms. Harding met by happenstance near the downtown monument
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circle and Ms. Harding agreed to drive Ms. Westfield home.
24. On May 31, 2020 at approximately 8:45 p.m., Ms. Harding and Ms. Westfield were
walking to Ms. Harding’s vehicle in the 100 block of East Washington Street when multiple
officers of IMPD approached them in an aggressive manner.
25. The officers informing Ms. Harding and Ms. Westfield that they were under arrest for
violating curfew.
26. Both Ms. Harding and Ms. Westfield were passive and cooperative.
27. Sgt. Doe 1 started handcuffing Ms. Harding.
28. Ms. Westfield initially provided her hands to Sgt. Doe 1 in order to be handcuffed.
29. However, Sgt. Doe 1 became aggressive with Ms. Westfield and placed his body
completely against Ms. Westfield.
30. Sgt. Doe 1 also forced Ms. Westfield’s arms upward behind her back into an unnatural
position causing extreme pain.
31. Ms. Westfield was in pain from Sgt. Doe 1’s actions and pulled her arms away.
32. Ms. Westfield then pulled herself away from Sgt. Doe 1, but at no time engaged in any
type of assault upon Sgt. Doe 1 or any other officer.
33. Sgt. Doe 1 then stepped away from Ms. Westfield and gave the command “hit her” to
Officer Doe 1.
34. Officer Doe 2 was dressed in a ballistic helmet and armed with a CO2 – powered
PepperBall Launcher or similar less-than-lethal weapon.
35. Officer Doe 2 then fired multiple pepper ball rounds into Ms. Westfield’s body
36. At least four (4) of these rounds impacted Ms. Westfield’s torso, pelvis, and arm.
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37. The pepper balls broke Ms. Westfield’s skin and caused welts.
38. Immediately after Ms. Westfield was struck with the pepper ball rounds, Officer Doe
3 and Officer Doe 4 began violently striking Ms. Westfield with batons.
39. Officer Doe 4 turned his attention away from Ms. Harding to participate in the violent
attack of Ms. Westfield.
40. The officers delivered no less than six (6) blows to the front and back of Ms.
Westfield’s body from her hips to her lower legs.
41. These blows caused severe swelling and bruising to both of Ms. Westfield’s legs and
pelvic area.
42. Ms. Westfield collapsed to the ground and attempted to protect her head before being
pushed to the ground, face first by Officer Doe 4.
43. Officer Doe 4 then held a wooden baton against Ms. Westfield’s head and neck as he
placed her in handcuffs.
44. Ms. Harding was concerned for Ms. Westfield and attempted to film the incident with
her cell phone.
45. Immediately after finishing with Ms. Westfield, Officer Doe 3 pushed Ms. Harding
backwards with enough force to knock her to the ground.
46. At the time Officer Doe 3 pushed Ms. Harding to the ground, Ms. Harding was offering
no resistance and had her hands at her sides.
47. Sgt. Doe 1 was present during these events and took no action to intervene or otherwise
terminate the officers’ unlawful conduct.
48. Sgt. Doe 1 in fact ordered the attack by issuing the command, “hit her.”
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49. Officers recommended charging Ms. Harding with violating the Executive Order, as a
Class B misdemeanor.
50. Officers recommended charging Ms. Westfield with battery against a public safety
official, as a Level 6 felony, violating the Executive Order as a Class B misdemeanor, and resisting
law enforcement as a Class A misdemeanor.
51. Ms. Harding and Ms. Westfield were transported to the Marion County Jail and were
not given a bond, although others in the same group were released on their own recognizance.
52. The Marion County Prosecutor declined to file charges, and Ms. Harding and Ms.
Westfield were each released from the Marion County Jail in the early morning hours of June 2,
2020.
53. On May 31, 2020, Ms. Harding and Ms. Westfield had a clearly-established
constitutional right to be free from excessive force.
54. Neither Plaintiff posed any threat to the defendant police officers.
55. The defendant police officers knew or reasonably should have known of the danger
they placed Plaintiffs into by their assault.
56. The defendant police officers knew that their actions could result in pain and harm to
the Plaintiffs.
57. Sgt. Doe 1 had an obligation to stop the attack, yet he did nothing to intercede.
58. All defendants were state actors acting under color of state law.
COUNT I – Fourth Amendment – Excessive Force –
Defendants Officer Doe 2, Officer Doe 3, Officer Doe 4
59. All previous paragraphs are incorporated herein by reference as though fully set forth.
60. Plaintiff Ms. Westfield makes a claim under 42 U.S.C. § 1983 for violation of the
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Fourth Amendment to the U.S. Constitution.
61. The Fourth Amendment does not permit defendants to use excessive force.
62. The individual defendants’ use of force against Ms. Westfield was not reasonable under
the circumstances, and was excessive.
63. As a direct and proximate result of the actions of said defendants, Ms. Westfield has
suffered damages.
COUNT II – Fourth Amendment – Excessive Force –
Defendant Officer Doe 3
64. All previous paragraphs are incorporated herein by reference as though fully set forth.
65. Plaintiff Ms. Harding makes a claim under 42 U.S.C. § 1983 for violation of the Fourth
Amendment to the U.S. Constitution.
66. The Fourth Amendment does not permit defendant to use excessive force.
67. The individual defendant’s use of force against Ms. Harding was not reasonable under
the circumstances, and was excessive.
68. As a direct and proximate result of the actions of said defendant, Ms. Harding has
suffered damages.
COUNT III – Fourth Amendment – Duty to Intervene –
Defendant Sgt. Doe 1
69. All previous paragraphs are incorporated herein by reference as though fully set forth.
70. Plaintiffs bring this claim under 42 U.S.C. § 1983 for violation of the Fourth Amendment
to the U.S. Constitution.
71. Officer Doe 2, Officer Doe 3, and Officer Doe 3 used excessive force in this incident.
72. Sgt. Doe 1 had a duty to intervene and protect the Plaintiffs but failed to do so.
73. As a direct and proximate result of the actions of Sgt. Doe 1, Plaintiffs suffered damages.
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WHEREFORE, the Plaintiffs, by counsel, requests the Court enter judgment for the
Plaintiffs and against said Defendants and award:
a. Actual and compensatory damages;
b. Punitive damages in an amount sufficient to deter Defendants from again
engaging in the conduct described herein;
c. Reasonable attorney’s fees;
d. Litigation costs and expenses; and
e. All other appropriate relief.
;Date: June 26, 2020

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/s/ Terrance Kinnard
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Terrance Kinnard, #22224-49
Kinnard & Scott
320 North Meridian Street, Ste. 406
Indianapolis, IN 46204
Telephone: 317-855-6282
Facsimile: 317-588-1519
E-Mail: tkinnard@kinnardlaw.net
JURY TRIAL DEMAND

The Plaintiffs hereby demand a trial by jury on all issues so triable.

Date: June 26, 2020

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/s/ Terrance Kinnard
Terrance Kinnard, #22224-49
Kinnard & Scott

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 Case 1:20-cv-01747-TWP-TAB Document 1-1 Filed 06/26/20 Page 1 of 8 PageID #: 9

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
IVORÉ WESTFIELD and
RACHEL HARDING,
Plaintiffs
vs.
SGT JOHN DOE,
OFFICER JOHN DOE 2,
OFFICER JOHN DOE 3,
OFFICER JOHN DOE 4,
Defendants.

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Case Number: 1:20-cv-01747

SUMMONS IN A CIVIL ACTION
TO:

Sergeant John Doe 1
Indianapolis Metropolitan Police Department
50 N Alabama Street
Indianapolis IN 46204

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting
the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee
of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the
attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must
be served on the plaintiff or plaintiff’s attorney, whose name and address are:
Terrance Kinnard
Kinnard & Scott
Chamber of Commerce Building
320 N. Meridian Street, Ste. 406
Indianapolis, IN 46204
Telephone: (317) 855-6282 – Email: tkinnard@kinnardlaw.net
If you fail to respond, judgment by default will be entered against you for the relief demanded in the
complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:20-cv-01747-TWP-TAB Document 1-1 Filed 06/26/20 Page 2 of 8 PageID #: 10

Civil Summons (Page 2)
Civil Action Number:

PROOF OF SERVICE
(this section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

I personally served the summons on the individual at (place)
on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):

My fees are $

for travel and $

for services, for a total of $_

I declare under penalty of perjury that this information is true.

Date:
Server’s Signature

Printed name and title

Server’s address
Additional information regarding attempted service, etc.

.

 Case 1:20-cv-01747-TWP-TAB Document 1-1 Filed 06/26/20 Page 3 of 8 PageID #: 11

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
IVORÉ WESTFIELD and
RACHEL HARDING,
Plaintiffs
vs.
SGT JOHN DOE,
OFFICER JOHN DOE 2,
OFFICER JOHN DOE 3,
OFFICER JOHN DOE 4,
Defendants.

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Case Number: 1:20-cv-01747

SUMMONS IN A CIVIL ACTION
TO:

Officer John Doe 2
Indianapolis Metropolitan Police Department
50 N Alabama Street
Indianapolis IN 46204

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting
the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee
of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the
attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must
be served on the plaintiff or plaintiff’s attorney, whose name and address are:
Terrance Kinnard
Kinnard & Scott
Chamber of Commerce Building
320 N. Meridian Street, Ste. 406
Indianapolis, IN 46204
Telephone: (317) 855-6282 – Email: tkinnard@kinnardlaw.net
If you fail to respond, judgment by default will be entered against you for the relief demanded in the
complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:20-cv-01747-TWP-TAB Document 1-1 Filed 06/26/20 Page 4 of 8 PageID #: 12

Civil Summons (Page 2)
Civil Action Number:

PROOF OF SERVICE
(this section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

I personally served the summons on the individual at (place)
on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):

My fees are $

for travel and $

for services, for a total of $_

I declare under penalty of perjury that this information is true.

Date:
Server’s Signature

Printed name and title

Server’s address
Additional information regarding attempted service, etc.

.

 Case 1:20-cv-01747-TWP-TAB Document 1-1 Filed 06/26/20 Page 5 of 8 PageID #: 13

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
IVORÉ WESTFIELD and
RACHEL HARDING,
Plaintiffs
vs.
SGT JOHN DOE,
OFFICER JOHN DOE 2,
OFFICER JOHN DOE 3,
OFFICER JOHN DOE 4,
Defendants.

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)
)
)
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)
)
)
)
)
)

Case Number: 1:20-cv-01747

SUMMONS IN A CIVIL ACTION
TO:

Officer John Doe 3
Indianapolis Metropolitan Police Department
50 N Alabama Street
Indianapolis IN 46204

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting
the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee
of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the
attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must
be served on the plaintiff or plaintiff’s attorney, whose name and address are:
Terrance Kinnard
Kinnard & Scott
Chamber of Commerce Building
320 N. Meridian Street, Ste. 406
Indianapolis, IN 46204
Telephone: (317) 855-6282 – Email: tkinnard@kinnardlaw.net
If you fail to respond, judgment by default will be entered against you for the relief demanded in the
complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:20-cv-01747-TWP-TAB Document 1-1 Filed 06/26/20 Page 6 of 8 PageID #: 14

Civil Summons (Page 2)
Civil Action Number:

PROOF OF SERVICE
(this section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

I personally served the summons on the individual at (place)
on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):

My fees are $

for travel and $

for services, for a total of $_

I declare under penalty of perjury that this information is true.

Date:
Server’s Signature

Printed name and title

Server’s address
Additional information regarding attempted service, etc.

.

 Case 1:20-cv-01747-TWP-TAB Document 1-1 Filed 06/26/20 Page 7 of 8 PageID #: 15

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
IVORÉ WESTFIELD and
RACHEL HARDING,
Plaintiffs
vs.
SGT JOHN DOE,
OFFICER JOHN DOE 2,
OFFICER JOHN DOE 3,
OFFICER JOHN DOE 4,
Defendants.

)
)
)
)
)
)
)
)
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)
)
)
)

Case Number: 1:20-cv-01747

SUMMONS IN A CIVIL ACTION
TO:

Officer John Doe 4
Indianapolis Metropolitan Police Department
50 N Alabama Street
Indianapolis IN 46204

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting
the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee
of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the
attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must
be served on the plaintiff or plaintiff’s attorney, whose name and address are:
Terrance Kinnard
Kinnard & Scott
Chamber of Commerce Building
320 N. Meridian Street, Ste. 406
Indianapolis, IN 46204
Telephone: (317) 855-6282 – Email: tkinnard@kinnardlaw.net
If you fail to respond, judgment by default will be entered against you for the relief demanded in the
complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:20-cv-01747-TWP-TAB Document 1-1 Filed 06/26/20 Page 8 of 8 PageID #: 16

Civil Summons (Page 2)
Civil Action Number:

PROOF OF SERVICE
(this section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

I personally served the summons on the individual at (place)
on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):

My fees are $

for travel and $

for services, for a total of $_

I declare under penalty of perjury that this information is true.

Date:
Server’s Signature

Printed name and title

Server’s address
Additional information regarding attempted service, etc.

.

 Indiana Southern Civil Cover Sheet

1 of 2

https://ecf.insd.uscourts.gov/webapps/js44/cvcover.html

Case 1:20-cv-01747-TWP-TAB Document 1-2 Filed 06/26/20 Page 1 of 2 PageID #: 17
JS 44 (Rev 09/10)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
CIVIL COVER SHEET
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September
1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information
contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law.

Plaintiff(s):

Defendant(s):

First Listed Plaintiff:
Ivore Westfield ;
County of Residence: Marion County

First Listed Defendant:
Sgt. John Doe 1 ;
County of Residence: Marion County

Additional Plaintiff(s):
Rachel Harding ;

Additional Defendants(s):
Officer John Doe 2 ;
Officer John Doe 3 ;
Officer John Doe 4 ;

County Where Claim For Relief Arose: Marion County
Plaintiff's Attorney(s):

Defendant's Attorney(s):

Terrance Kinnard (Ivore Westfield)
Kinnard & Scott
320 N. Meridian Ste., Ste. 406
INDIANAPOLIS, Indiana 46204
Phone: 317-855-6282
Fax: 317-588-1519
Email: tkinnard@kinnardlaw.net

Basis of Jurisdiction: 3. Federal Question (U.S. not a party)
Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff: N/A
Defendant: N/A

Origin: 1. Original Proceeding
Nature of Suit: 440 All Other Civil Rights
Cause of Action: 42 U.S.C. § 1983. Plaintiffs sue defendants for use of unnecessary and unreasonable
force in violation of Amend. IV U.S. Const.
Requested in Complaint
Class Action: Not filed as a Class Action
Monetary Demand (in Thousands):
Jury Demand: Yes
Related Cases: Is NOT a refiling of a previously dismissed action

6/26/2020, 2:26 PM

 Indiana Southern Civil Cover Sheet

2 of 2

https://ecf.insd.uscourts.gov/webapps/js44/cvcover.html

Case 1:20-cv-01747-TWP-TAB Document 1-2 Filed 06/26/20 Page 2 of 2 PageID #: 18
Signature: /s/ Terrance Kinnard
Date: 06/26/2020
If any of this information is incorrect, please close this window and go back to the Civil Cover Sheet Input form to make the correction and generate the
updated JS44. Once corrected, print this form, sign and date it, and submit it with your new civil action.

6/26/2020, 2:26 PM