Friday, April 5, 2013

Disabled Homeowner's Lawsuit: Gun-Toting Cops Invaded My Home, Arrested & Dragged Me Out Into Hot Sun, & Left Me There Until I Nearly Passed Out, All In Response To Bogus Police Report By Foreclosing Bankster's Field Rep!

The following allegations were taken from a March 19, 2013 Opinion and Order on various motions to dismiss by defendants in a lawsuit currently floating around in a U.S. District Court in South Bend, Indiana.

The lawsuit was filed by a homeowner facing foreclosure against a whole slew of people, and who accuses an individual, acting allegedly on behalf of the foreclosing lender, of certain actions that allegedly set off a somewhat unpleasant chain of events for the homeowner and a companion, to say the least.

The banksters' motions, in substantial part, were denied, and the litigation (originally filed in 2011) has been allowed to continue:

  • On August 20, 2009, plaintiffs J. John Marshall ("Marshall") and Kimberly Wiley ("Wiley") (collectively "plaintiffs") were working at Marshall's residence located at 1625 Brookwood Drive, Elkhart, IN ("the property").

    The property was in foreclosure, but the foreclosure had not been completed.

    While plaintiffs were working at the property, an individual who did not identify himself entered the house in an aggressive manner, questioned plaintiffs about their right to be in the house, and demanded plaintiffs leave the house.

    This individual was later identified as defendant Robert Hashberger ("Hashberger"). Hashberger told plaintiffs that he owned and controlled the property, and also told plaintiffs that they should not be at the property.

    At that point, Marshall identified himself as one of the owners of the property, and peacefully removed Hashberger. After Hashberger was gone, plaintiffs went back to work.

    Shortly thereafter, four City of Elkhart police officers arrived at the property with their guns drawn.

    Plaintiffs believe the officers arrived at the property after receiving a call from Hashberger reporting a burglary. The officers pointed their guns at Wiley, handcuffed her, and dragged her outside. Once outside, the officers questioned Wiley about Marshall.

    The officers then entered the room where Marshall was working, pointed their guns at him, and told him to get down on the floor. Marshall informed the officers that he could not get on the floor because of a disability. The officers grabbed Marshall and handcuffed him instead. After Marshall was handcuffed, the officers dragged him outside for questioning.

    At some point, it became apparent to plaintiffs that the officers presence at the property was due to an alleged breaking and entering committed by plaintiffs. Plaintiffs therefore told the officers that Marshall was the owner of the property. Even with this information, however, the officers made plaintiffs stand outside in the sun for almost an hour.

    The officers eventually told plaintiffs that they were being taken to jail, and read plaintiffs their Miranda rights. Marshall asked the officers if he could contact his attorney, but the officers ignored his request.

    Marshall eventually began to lose consciousness because he was forced to stand in the sun for such a lengthy period of time.

    Plaintiffs were released from police custody without any charges being filed.
For the opinion, see Marshall v. JP Morgan Chase Bank, Dist. Court, ND Indiana 2013, No. 3:11 CV 332 (N.D. Ind.).

Thanks to Deontos for the heads-up on this court ruling.

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