A press conference was held at 1:30 p.m. on Wednesday, December 20, 2006 at the Fort Wayne Urban League to announce that a complaint for damages and jury demand was being filed in the United States District Court Northern District of Indiana, Fort Wayne Division.
Vicki Wade, personal representative for the estate of Brandon Wade against the City of Fort Wayne; James Herman, individually and in his official capacity as Sheriff of Allen County; Kathryn Stevens, individually and in her official capacity as Jail Commander of the Allen County Jail; Russell York, individually and in his official capacity as Chief of the Fort Wayne Police Department; J.W. Hatfield, individually and in his official capacity as police officer for the Fort Wayne Police Department; Lieutenant Stoner, individually and in his official capacity as a Lieutenant for the Fort Wayne Police Department; Jane Doe and John Doe, unknown police officers and deputy sheriffs, individually and in their official capacities as members of the Fort Wayne Police Department and Allen County Sheriff's Department, respectively by counsel, Stephen M. Wagner of Wagner Reese & Crossen, LLP and Robert J. Boughter of Stiles * Boughter, L.L.P.
Brandon Antoin Wade died at the age of 41 on June 14, 2005.
Wade was taken to Lutheran Hospital after he was found in the Allen County lock up on June 13 unconscious. The Allen County Coroner office ruled Wade death was from natural causes. According to July 30, 2005 article in the Journal-Gazette, "Coroner Dr. E. Jon Brandenberger said in a written statement that Wade died from massive hypertensive stroke with secondary left acute subdural hematoma, or bleeding in the brain. The acute subdural hematoma was not traumatic in nature, and Brandenberger determined the death was natural."
Within the complaint was nine alleged charges; excessive force-blunt force trauma to the head patrol car incident,excessive force-blunt force trauma to the head Allen County Jail Incident, Willful and Wanton assault and Battery, Failure to Train and Supervise, Wrongful Death Claim, Survival Action Claim, Family Expense, and Intentional Infliction of Emotional Distress, and Res Ipsa Loquitor. Wade was found three days later in the jail cell unconscious. According to a June 23, 2005 News-Sentinel, "There was no evidence of blunt-force trauma," Dick Alfeld, chief investigator for the coroner's office, reiterated Wednesday, though he said a preliminary report he heard before investigators examined the body indicated there was blunt-force trauma. He said he didn't know where the preliminary report originated."
Contrary to the coroner's report, the complaint, alleges, "[t]he Defendants herein are responsible for Brandon's death as the result of their intentional, willful, wanton, reckless and negligent acts and omissions, including but not limited to excessive force upon Brandon; intentional assault and battery upon Brandon; failure to provide medical care and/or treatment to Brandon; intentional assault and battery upon Brandon; failure to provide medical care and/or treatment to Brandon; failure to monitor, protect and provide safety for Brandon to the hospital; failure to protect Brandon from great bodily harm or death while he was detained; and the failure of the CFW,FWPD, ACSD, and ACJ to train and supervise its officers, deputies, and staff."
Brandon Wade's Family and Friends, Stephen M. Wagner and Robert J.Boughter
Muhammad Siddeeq, Community Advocate from Indianapolis, Indiana
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