Potential lawsuit against the City of Jasper includes demand for $500,000

In April the City of Jasper received a tort claim notice demanding $500,000 for the victim of an alleged sexual assault by one of the city’s police officers.

The tort claim notice — a letter giving notice to a government entity of a potential lawsuit — was filed against the City of Jasper, the Jasper Police Department and former officer Dave Drew on April 23 by Jared Michel Thomas, an attorney located in Evansville, representing the plaintiff.

According to the notice, the plaintiff alleges he was sexually assaulted by Drew on October 24, 2012, while Drew was acting as an officer for the department. It also claims the city knew of prior incidents regarding misconduct by Drew as a former deputy in Greene County, Indiana, before he was hired.

According to the tort claim notice, the plaintiff believed Drew was “operating under the laws of the State of Indiana,” when the alleged sexual assault took place.

The notice states the city and the department are liable for actions of their “agents occurring within the course of their agents’ duties.”

It continues, “As a direct and proximate result of the City of Jasper and the Jasper Police Department failing to properly and adequately train and supervise its agents in the field, the Claimant irreparably suffered both physical and emotional injuries. For this malfeasance, the City of Jasper and the Jasper Police Department must answer individually.”

Drew was the subject of an internal investigation as well as an Indiana State Police investigation, according to city officials.

Based on those investigations, Jasper Police Chief Michael Bennett asked the Jasper Board of Public Works for approval to begin the administrative actions required to terminate Drew in February, 2013. Drew was on medical leave at the time due to a surgery.

Drew resigned before any administrative action was taken by the Jasper Board of Public Works, effectively sealing the details of the internal investigation from the public eye by state law. Administrative actions taken by the city in regards to its employees are considered public record but since Drew was not fired, no administrative actions regarding the investigation were taken.

The Dubois County Free Press filed a written request with the City of Jasper at the time to obtain further information on the facts surrounding Drew’s suspension with pay. According to an official statement by the city, Drew was suspended with pay “based on the desire of the City of Jasper to protect the interest of Officer Drew as well as the morale and integrity of the Police Department and its acting officials.”

The Indiana State Police completed their investigation into Drew’s potential criminal activities and turned it over to special prosecuting attorney Mike Steiner the first week of March. Steiner is the Martin County prosecuting attorney and as of last week, he had not filed any charges based on that investigation, according to a staff member.

The details of the state police investigation are being withheld pending any charges being filed by the Martin County Prosecuting Attorney.

In previous interviews, Steiner would not comment on any criminal activities potentially revealed in the state police investigation, but has stated he was considering filing a misdemeanor battery charge against Drew. When Steiner files charges, if any, against Drew, the state police investigation should become public record.

In regards to the tort claim notice, according to Indiana State Law (IC 34-13-3), plaintiffs have 180 days after an alleged incident occurs to file the tort claim notice against a government entity. Afterwards, the defendant has 90 days to respond. A non-response from the defendant is considered a denial in regards to the claim.

Once the city receives a tort claim notice, Cale Knies, director of Personnel/Safety/Loss Control, sends it to the city’s insurance carrier which is Governmental Interinsurance Exchange through Bliss McKnight of Bloomington.

The insurance company will complete an investigation into the allegations included in the notice. “They can issue some kind of response based on their investigation,” City Attorney Renee Kabrick explained, although she was unaware of any response by the insurance carrier to the tort claim notice regarding Drew.

The 180 day time frame for the tort claim notice expired April 24. The subsequent 90 days has passed as well, and no lawsuit has been filed according to Kabrick.

The plaintiff has two years to file the lawsuit from the time of the alleged wrongful action. If a lawsuit is filed, the city’s insurance carrier will be responsible for defending the city against the claim.

The plaintiff’s attorney, Thomas, stated he would not answer any questions about the potential lawsuit.