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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

KIM HAWKINS, Plaintiff

) ) ) v. ) ) GREG EWING, Sheriff of Vigo County, ) In his individual and official capacity; ) JOHN MOATS, Vigo County Jail ) Commander, in his individual capacity; ) CHARLES FUNK, Vigo County Jail Commander, ) In his individual capacity; PATTY BAUER, ) Vigo County Jail Matron, in her individual capacity;) And VIGO COUNTY, INDIANA, ) Defendants )

Cause No. 2:15-cv-233

COMPLAINT FOR DAMAGES AND REQUEST FOR TRIAL BY JURY I. 1.

SUMMARY OF THE CASE

This is an action brought by Kim Hawkins, the former First Sergeant of the Vigo

County Jail facility, against the Sheriff, the Jail Commanders, and the Jail Matron of Vigo County for wrongfully making the decision to fire him without just cause. His response to his duties and responsibilities were viewed as being too friendly or lenient toward the inmates. Furthermore, when the plaintiff Kim Hawkins reported various instances of excessive force and abuse by jail officers, and requested that his superiors review the videotapes of these actions, he was rebuked or ignored. The plaintiff’s rights under the 1st and 14th Amendment to the United States Constitution were violated, when he was terminated for bringing to the attention of his

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commanders and other public officials, incidences of excessive force and inmate abuse by jail officers. II. 2.

JURISDICTION AND VENUE

This cause of action arose in Vigo County, Indiana. This Court has jurisdiction

over Plaintiff’s federal claims pursuant to 28 U.S.C. §§ 1343(a)(3), as this cause arises under 42 U.S.C. § 1983 to redress the deprivation of rights, privileges, and immunities secured by the First and Fourteenth Amendments to the United States Constitution. This Court has jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. § 1367(a). III. 3.

PLAINTIFF

Kim Hawkins is a resident of Vermillion County and at all relevant times has

been a resident of Vermillion County, Indiana, and the actions that he complains of and the conduct that resulted in his wrongful termination all occurred in Vigo County, Indiana. IV. 4.

DEFENDANTS

Defendant Greg Ewing is currently the sheriff of Vigo County and among his

various duties, he is responsible for the operation of the Vigo County Jail located in Terre Haute, Indiana. He is sued individually and in his official capacity and at all times relevant was acting under color of State law. 5.

Defendant John Moats was the Vigo County Jail Commander when Sheriff Ewing

took office. He was later replaced by Defendant Charles Funk, who was the Jail Commander when Hawkins was fired, and is currently the Jail Commander. Moats is currently head of the Detective Division of Vigo County Sheriff’s Department. They are sued in their individual capacities as the former and current Jail Commander of the Vigo County Jail and were at all times relevant acting under color of State law.

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6.

Defendant Patty Bauer was the Vigo County Jail Matron and is sued in her

individual capacity. She at all times relevant was acting under color of State law. 7.

Defendant Vigo County is a governmental entity that is responsible for the

operation of the jail and is responsible for approving rules and regulations, which pertain to the operation of the jail. The Vigo County Commissioners receive periodic reports from the State Jail Inspector and also reports from the Sheriff on the operation of the jail pursuant to statute. V.

FACTS AND CAUSE OF ACTION: VIOLATION OF FIRST AMENDMENT RIGHTS AND RETALIATORY FIRING 8.

Kim Hawkins has been in law enforcement most of his professional life and was

the Sheriff of Vermillion County between 1983 and 1990 and then again was elected for two terms between 1999 and 2006. He also was Vermillion County Commissioner from January 1, 2007, to December 31, 2010. 9.

On October 15, 2007, John Marvel, who was the Sheriff of Vigo County at the

time, hired Kim Hawkins to be Asst. Jail Commander. He was in charge of the operation of the Vigo County Jail for 3 years and 2 months. 10.

Subsequently, defendant Greg Ewing was elected Sheriff, and he demoted or

reassigned Kim Hawkins to the position of First Sergeant, who reports to the Vigo County Jail Commander. In that position, Kim Hawkins was responsible for monitoring the administration of the jail, ensuring that the inmates were detained under Indiana State Jail Standards and United States Constitutional Standards, ensuring that inmate medical complaints were addressed, and ensuring any grievances inmates filed were properly and fairly considered and acted upon. 11.

Kim Hawkins observed that there was a totally different philosophy and attitude

in how the jail was to be operated under Sheriff Greg Ewing. Inmate complaints were ignored

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and instances of brutality were not addressed and the officers responsible were seldom disciplined. 12.

Several inmates had to be taken to the local hospital because of the severe

beatings or injuries they sustained from various jail officers. 13.

Some of the responsibilities, which Mr. Hawkins originally performed were

taken away without explanation. 14.

During his employment at the Vigo County Jail as First Sergeant he was never

disciplined or given any written reprimands or warnings regarding his performance. However, on or about November 25, 2013, he was asked to cover for two jail officers who are normally assigned to check records when processing an inmate before allowing release from jail. 15.

In the course of processing, an inmate was accidentally released, but returned to

custody within three hours. 16.

There was never any investigation and Kim Hawkins was never approached and

asked to explain how his conduct or actions in any way contributed to the accidental release. 17.

There are two officers always involved in the release process and that meant that

both Kim Hawkins and another officer had erred in relying upon the records system, which incorrectly indicated the individual should be released. 18.

Nonetheless without any investigation and without any forewarning, defendant

Sheriff Greg Ewing called Kim Hawkins into his office on December 13 and indicated that he would have to let him go. 19.

When Kim Hawkins asked why, defendant Ewing indicated that people were on

his “ass” for that release and he had to have Kim Hawkins’ resignation or he was going to have to fire him.

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20.

Kim Hawkins responded that there had been no investigation, that he did not do

anything wrong, that other people who had made a mistake of wrongfully releasing an inmate had never been fired, that there has been no due process whatsoever, and most importantly he said that he felt like this was retaliation for his criticism of the jail’s practices which overlooked brutality against inmates and did not discipline officers who used excessive force. 21.

When Kim Hawkins raised this subject, defendant Ewing did not respond or in

any way refute or rebut Kim Hawkins’ accusations as to the real reason for his termination. 22.

In addition to Kim Hawkins being terminated, three other officers were

terminated at the same time, and they too had a reputation for being respectful to the inmates and attempting to resolve grievances or medical issues that many of them had because they were housed in the jail for long periods of time. 23.

Three other individuals who were terminated on the same day are C.O. Rebecca

Rowlett, C.O. Karen Carter, and C.O. Rodney Stampley. 24.

Three new jail officers were hired before Hawkins’s termination, and they started

on December 16, 2013. 25.

Soon after Kim Hawkins was fired, Jail Commander Funk brought his wife, Lee

Ann Funk, back as an employee on December 16, and it appears as if she took over Hawkins’ position. 26.

Kim Hawkins reported instances of abuse and excessive force to Patty Bauer, the

Jail Matron, and Sheriff Greg Ewing. He also reported instances of excessive force to former Jail Commander John Moats and his successor, Charles Funk.

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27.

When Kim Hawkins failed to get any acting authority to respond after reporting

these events to the Sheriff about excessive force, he then spoke to the County Attorney as well as two judges. 28.

Kim Hawkins was the subject of retaliation and was punished contrary to the

protections of the United Stated Constitution and the Whistleblower Statutes, which protect government employees in the State of Indiana. WHEREFORE the plaintiff requests the following relief: 1.

That a date for a jury trial be set within a reasonable period of time.

2.

That he be awarded reasonable compensatory damages in the amount of $150,000

for having been wrongfully terminated, including lost wages, prejudgment interest, and prospective lost wages, and emotional distress. 3.

That he be awarded punitive damages because of the conduct of the Sheriff.

4.

And that he be awarded attorney fees and costs and all other relief which is just

and proper in the premises.

Respectfully submitted, s/ Michael K. Sutherlin Michael K. Sutherlin Attorney for the Plaintiff No. 508-49

Michael K. Sutherlin, Atty. #508-49 Samuel M. Adams, Atty. #28437-49 MICHAEL K. SUTHERLIN & ASSOCIATES, P.C. P.O. Box 441095 Indianapolis, IN 46244-1095

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