Gary woman says city trying to reduce agreed legal settlement

GARY | Thelma Fannin wants the $10,000 that Gary officials promised her over a dispute involving bingo cards.

The Gary woman filed a motion Tuesday in Hammond federal court asking a judge to enforce a lawsuit settlement agreement between her and the city of Gary. Fannin claims city officials haven't paid her and are trying to force her to accept less than the agreed-upon amount, court records state.

"I think it demonstrates bad faith on the part of the city of Gary to try to force her to take the $8,000 instead of the $10,000 they promised her," said Fannin's attorney, Elizabeth Tate Norwood.

Gary Mayor Karen Freeman-Wilson said the city is not trying to force Fannin into a smaller settlement. She said it is not unusual for parties to want to talk about a settlement after new attorneys or a new administration takes over.

"It's our position that we've been responsive," Freeman-Wilson said. "We've been working to resolve this matter, and we will continue to work to resolve it."

Fannin sued the Gary Housing Authority, Gary Police Department and Reserve Officer Samuel Johnson in 2009, claiming they violated her rights by using excessive force and subjecting her to an unreasonable search for bingo cards.

Fannin said a resident of Genesis Tower, where Fannin lived, falsely accused her of stealing bingo cards during a game Dec. 15, 2007, in the facility's recreation room. Fannin claims she had her own set of bingo cards in her purse.

Fannin has alleged that Johnson, who was working security, snatched her purse, took her set of bingo cards and placed them with the cards owned by the Gary Housing Authority, court records state. Gary Housing Authority operates Genesis Tower.

After Johnson went back to his desk, Fannin contends she took back her bingo cards and left the recreation room on her motorized scooter. Residents again called Johnson, who allegedly grabbed Fannin and caused her to fall off her scooter, the complaint states.

Johnson called Gary police, who arrested Fannin on a charge of disorderly conduct. She was taken to jail, where officials realized she was ill and injured and took her to the hospital, the complaint shows.

The disorderly conduct charge was dismissed in April after a period of deferred prosecution.

Fannin said she suffered "physical injury, humiliation, emotional distress, injury to her reputation and mental anguish" as a result of Johnson's actions. She blamed the Housing Authority and Police Department for employing "untrained and unqualified" people.

Fannin and the city filed a stipulation to dismiss the lawsuit in September of last year after agreeing to a settlement, court records state.

In the motion filed Tuesday, Norwood said City Attorney Alger Boswell called her Jan. 27 and said the city would pay Fannin $8,000 in full by that Friday or otherwise Fannin "would not get her settlement." Norwood said Boswell refused to issue an IOU for the remaining $2,000.

Boswell did not respond to later requests for a settlement check, court records state.