Web Exclusive: Exonerees, whistleblower file lawsuit against City of Elkhart, police

Two exonerated victims and a police whistleblower out of Elkhart filed lawsuits against the city and police for allegations of misconduct dating back to 2011.

The lawsuits, filed in the United States District Court for the Northern District of Indiana, claim in part that Elkhart officers framed a man for a crime he did not commit. They also claim members of the force and the Elkhart County Prosecutor’s Office conspired to end the career of a former officer after she refused to engage in police misconduct.

Loevy & Loevy Attorneys at Law, who represent the plaintiffs in the three cases, argue Elkhart is on its way to becoming the wrongful conviction capital of North America.

Exonerees’ allegations of misconduct

In 2011, plaintiff DeWayne Dunn was sentenced to 58 years in prison for the 2008 death of Angel Torres, who died after falling down a set of stairs from a second-floor balcony in Elkhart.

The initial investigation revealed Torres died after an accidental fall while intoxicated. The lawsuit states that former Elkhart police officer Michael Sigsbee coerced a witness to make false statements indicating Dunn murdered Torres in order to close the case and pin the crime on Dunn.

Another defendant, current Elkhart County Prosecutor Vicki Becker, enlisted defendant Dr. Scott Wagner to falsify an autopsy report claiming Torres died by homicide, according to the lawsuit.

The State’s theory concluded Dunn beat Torres to death at the bottom of the stairs with an unknown object that was never recovered.

During post-conviction proceedings, a former pathologist determined Torres’ injuries were consistent with falling from a height, not from a beating.

Dunn was exonerated in 2022.

This case is DeWayne Dunn v. City of Elkhart, et al.

In Hahkeem Layman v. City of Elkhart et al, attorneys for the plaintiff claim former Elkhart Police officers Matthew Schwartz and Dustin Young framed Layman for a crime he didn’t commit to cover up Schwartz’s misconduct against Layman, which included racial profiling, conducting an unlawful search and assaulting Layman without legal justification.

The unlawful search and assault is alleged to have occurred in August 2020 as Layman was arriving home from work. To cover up the misconduct, Schwartz filed charges against Layman for resisting law enforcement, the lawsuit states. Young signed a search warrant affidavit based on Schwartz’s statements against Layman.

The defendant spent more than a month in jail and, after his release, spent the next two years suffering from the wrongful charges, Layman’s attorneys claim.

In November 2022, Schwartz testified at a pretrial hearing, claiming he smelled marijuana as Layman drove by. The court concluded Schwartz’s testimony was “less than credible” and granted Layman’s motion to dismiss the charges because they violated his constitutional rights.

His charges were dismissed in early 2023.

Whistleblower’s allegations of misconduct

In her lawsuit, former Elkhart Police officer Joy Phillips claims that between 2016 and 2023, she witnessed acts of police misconduct that violated citizens’ constitutional rights. The lawsuit also states several officers committed crimes, like fraud and driving while intoxicated, and that none were terminated from their positions as a result.

In July 2022, Phillips claims defendants Brandan Roundtree and Andrew Whitmyer (who is currently listed as the Elkhart Police Department’s Assistant Chief of Police) ordered her to write a search warrant, but she refused because there was no probable cause. Several other officers also refused to sign the warrant.

After reporting the misconduct, Phillips was given a three-day suspension. None of the other officers who refused to sign the warrant were disciplined, the lawsuit claims. Phillips believes the suspension was retaliation for speaking up.

She claims prosecutor Vicki Becker was also in on the retaliation against her.

Phillips was eventually terminated from her position. She has been unable to regain employment in law enforcement since.

This case is Joy Phillips v. City of Elkhart, et al.

Allegations of past misconduct in Elkhart

All plaintiffs describe an extensive history of misconduct by the City of Elkhart, dating back to 1993 when the Board of Public Safety presented the report “Regarding [the] Investigation of Police Officers Found Liable by a U.S. District Court of Using Excessive Force.”

The board’s report found some Elkhart officers used “brutality” and blamed the police department for not properly disciplining the officers who committed the acts of misconduct.

In the report, the board set forth the goal “to eradicate brutality as practiced by some of our police officers,” recommending the police department find solutions to better conduct internal investigations.

As of 2023, however, these reforms have not been implemented, the lawsuits state.

Attorneys for the plaintiffs claim the systematic misconduct within the police department enabled several white officers to form a group called the “Wolverines,” which targeted people of color.

“The Wolverines had a reputation within the Department for being ‘very proactive officers as far as their work within the south-central area,’” the lawsuits explain.

According to the lawsuits, no investigation into the group was conducted.

Indiana Lawyer reached out to the office of Elkhart Mayor Rod Roberson for comment on the lawsuits. His office released the following statement to media:

“When Mayor Roberson took office in 2020, he did so with a commitment to reform and accountability in the Elkhart Police Department, and a commitment to raise the level of professionalism throughout the ranks of the Department.

All of the lawsuits center upon the conduct of former Elkhart policer officers. While the City does not concede the claims of any of the suits, these suits are not reflective of today’s Elkhart Police Department.

One of the lawsuits predates the Roberson administration. The other two lawsuits involve former Elkhart officers fired by the Roberson administration for misconduct and for failing to perform at the level of professionalism required by this administration. Their terminations are perfect examples of the City of Elkhart now holding its officers to the higher standards required by the Mayor and his appointed Chief.

As we hold officers who fall below the high standards required by this administration accountable, we also appreciate and commend the officers whose conduct reflects those high standard[s] envisioned for the City Elkhart.”