The city of Warsaw, Warsaw Police Chief Scott Whitaker and WPD Capt. Paul Heaton responded to a lawsuit claiming they violated a Syracuse family’s civil rights.
The initial lawsuit was filed in November by Pamela, David and Solomon Gregory. According to the lawsuit, Whitaker was concerned his minor daughter was attending a New Year’s Eve party Dec. 31, 2021, and into the morning of Jan. 1, 2022, at the Gregorys’ home.
Using a police vehicle and accompanied by Heaton, Whitaker went to the Gregorys’ home and pulled into the driveway. Heaton then attempted to enter the home by entering the garage without permission. However, he wasn’t able to get into the house, the suit claims.
Shortly after midnight, Heaton then forced the locked front door open and broke the doorknob’s lock, according to the lawsuit.
Whitaker’s daughter was not at the house and at some point, Heaton grabbed Solomon, according to the lawsuit.
According to the amended answer filed in the United States District Court, Northern District Of Indiana – South Bend Division, Whitaker and Heaton did travel to the Gregorys’ home looking for Whitaker’s daughter. They also admit, according to the answer, Heaton attempted to take physical control of Solomon Gregory and Gregory pulled away from Heaton. However, they deny Heaton entered the house.
The answer also denies allegations the city of Warsaw is liable for the actions and Heaton’s actions represented a violation of the Fourth Amendment and a tort for which the city is liable and Heaton is personally liable for. The answer denies the defendants violated the Gregorys’ civil or constitutional rights in any way.
The answer admits Whitaker became concerned his daughter might be attending a New Year’s party at the Gregorys’ home. They also admit Whitaker and Heaton traveled to the Gregory home in a WPD vehicle.
While the answer says Whitaker didn’t have permission to enter the Gregory’s property, the defendants deny Whitaker drove the police vehicle onto the property and parked on the driveway. The defendants also deny allegations Heaton went into the garage through a closed door and there were people in the garage who were 18 and older who had a list of people invited to the party and told Heaton he couldn’t enter the house.
They deny Heaton entered the house, but said he did ask Solomon where Whitaker’s daughter was. Solomon, along with a number of juveniles, did say she was not at the house at that time. The answer admits the allegation Heaton stated he was a police officer and showed his badge.
Kosciusko County Sheriff’s Department and Syracuse Police Department were called for back up.
When David and Pamela came home, the answer says David consented to a house search for Whitaker’s daughter and led Heaton through the house. The lawsuit claims Heaton went through the Gregorys’ personal stuff like drawers, which the city and the officers deny.
The city of Warsaw, Heaton and Whitaker are represented by Robert T. Keen Jr. of Barrett McNagny LLP.
