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A man who filed lawsuit against police agencies and Wawasee Community School Corporation for false arrest has already lost in federal court.
Clifford Clevenger, Pierceton, filed a lawsuit in Kosciusko Superior Court I Tuesday claiming false arrest against the North Webster Police, Kosciusko County Sheriff’s Department, Wawasee School Corporation, North Webster Elementary, KCSD deputies Floyd Knafel and Rick Shepherd, North Webster Town Marshal Greg Church and Christine Holst, who was acting principal at North Webster during the incident.
The case comes from an incident in 2013 where Clevenger was arrested for violating a protective order, only to be released a few hours later without charges.
Clevenger was trying to visit his son at North Webster Elementary when school officials informed him that he was under a protective order and could not visit his son.
Clevenger claims he had paperwork to show the order was no longer in effect, but he was arrested anyway, which led to him losing his job.
Prior to his court filing on Tuesday, Clevenger sued the same individuals in the United States District Court for the Northern District of Indiana South Bend Division.
According to court records, the court order contained a typographical error saying “a provisional order” was terminated rather than a “protective order” was terminated.
On Aug. 14, U.S. District Judge Phillip Simon ruled that cops had “arguable probable cause” to arrest Clevenger.
Simon ruled the typing error led to the confusion in the situation since divorce courts do have an order called “a provisional order.”
According to Simon, Church told Clevenger there was nothing in the paperwork that said the word protective order.
Simon ruled the officers had “qualified immunity,” which allows for officers to do their jobs free from concern that they may be second-guessed or sued for actions reasonably taken.
“There appears to be have been probable cause to have arrested Clevenger – whether by mistake or otherwise, an order of protection was in place and Clevenger was violating” it, Simon wrote.
Simon argued Church was told by central dispatch that the protective was still in place. He looked at Clevenger’s paperwork, which did not state the protective order was in place, and central dispatch faxed the protective order to the school.
Simon ruled that he didn’t think a reasonable officer could jump through “all the legal hoops to come up with the realization” that the paperwork contained a typing error in it.
“Looking at the sum of this information available to Officer Chuch, at that time I think it was reasonable for him to believe the protective order was in effect,” Simon wrote.
Simon ruled that the same logic applied to Knafel, as well.
Shepherd was not present when Clevenger was arrested, but did transport Clevenger to the Kosciusko?County Jail.
Simon ruled Clevenger had shown Shepherd did not have a realistic opportunity to intervene and therefore the claim against Shepherd failed.
Simon also rejected excessive force claims against Knafel. “It’s also true that the officers were argumentative and perhaps didn’t use the best judgement, but the force used was minimal,” he wrote.
While Clevenger was in jail, the court realized the mistake and filed an amended order and Clevenger was released from jail without charges.
Turning to the school, Simon ruled that the claims against the school and Holst are the weakest of the bunch.
Simon ruled that Clevenger never showed any evidence that the school restricted his freedom of movement.
Holtz escorted him into an office and asked him to wait for Church.
“Clevenger has not provided any evidence he did not consent to being escorted to the office or he was being held against his will,” Simon wrote.
Simon ruled there were no violations of federal laws, however, he dismissed without prejudge the claims for violation of state law, leaving that issue to the state courts.
