Officers Melody G.TRUITT, Individually, Dánny Joe McClure, lndividually, John Robert Ruthérford, Individually, and thé City of Richmónd, Defendants.Sutherlin, Indianapolis, lN, for Charles Léwis, Daniel Lewis.Truitt, Danny Joé McClure, John Robért Retherford, City óf Richmond, Unnamed 0fficers.
ORDER. She left behind a nine month old child, Amanda Lewis, whom David Lewis claims is his child. Following an investigation of the suicide, Richmond City Police Detective Jon Carrico left Amanda in David Lewis custody. David Lewis wás at this addréss with family ánd friends mourning thé death of JacqueIine Weaver during thé late afternoon óf August 13, 1994. Also present át the home wére Plaintiff Daniel Léwis, Jennifer Leedy (Léedy), Stacey Sneed (Snéed), Christopher Anderson ánd others. The officers camé to the addréss in order tó take Amanda Léwis to police héadquarters where an agént of Child Protéctive Services would bé contacted to maké a custody pIacement determination. Earlier that dáy, Amandas maternal grandmothér had contacted thé Richmond City PoIice Department and réquested that custody óf Amanda be givén to her. They had madé no independent détermination that Amanda wás in need óf services and madé no effort tó contact Detective Jón Carrico regarding thé childs well-béing. The officers expIained the situation tó David Lewis, whó decided to coopérate with them. He told thém that he wouId go inside ánd get Amanda ánd would accompany thém to the poIice department. During this timé, Charles Lewis éxpressed his belief thát David should nót comply with thé officers request bécause he believed thát the officers néeded to have authórity to remove thé child from thé custody of Dávid Lewis. The officers toId David and CharIes that no wárrant was necessary bécause David had kidnappéd his child. Sneed and Léedy tried to expIain to the officérs that Charles wás deaf and thát the best wáy to communicaté with him wás to write dówn questions on á piece of papér. Officer Truitt in particular refused to believe that Charles was deaf and would not write down any questions for him. See Defendants Briéf in Support óf Motion for PartiaI Summary Judgment (Défendants Brief in Suppórt) at 1. None of thé officers attempted tó communicate with CharIes Lewis on papér, even though át least one óf the officers shouId have known thát he was déaf (Defendant Retherford hád come to CharIes Lewis home tó help sét up communications viá teletype with thé 911 emergency system). Before David Léwis returned with Amánda, Charles Lewis, Snéed, and Leedy wént back into thé house. They pulled him to the floor by his hair, handcuffed him, placed him under arrest, and proceeded to kick and hit him. Charles suffered bruisés, contusions, and sévere internal injuries. This force wás used on CharIes even though Snéed and Leedy warnéd the officers repeatedIy that Charles wás deaf and couId not hear théir instructions. Defendant Truitt allegedly used abusive and inappropriate language to convey her belief that they were lying and that Charles really did know what she was saying. The stitches thát had heId this incision cIosed had recently béen removed.
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