Doctor claims wrongful arrest in lawsuit against Merrillville cops

February 07, 2012 9:05 pm  • 

HAMMOND | A local physician is suing the town of Merrillville and two of its police officers over what he claims was a wrongful arrest involving excessive force, federal court records show.

Dr. Elian Shepherd filed the civil lawsuit in December in Lake Superior Court against the town and Officers Joseph Merkel and Nathan Schrock. The lawsuit was transferred Monday to federal court in Hammond.

Shepherd claims he obtained a security guard's approval Dec. 18, 2009, to park near the main entrance of the Methodist Hospitals Southlake Campus in Merrillville so he could respond to a medical emergency. His daughter was with him, court records state.

When Shepherd and his daughter left the hospital, Schrock and Merkel were standing near the car, and Schrock had written Shepherd a traffic ticket for parking in a fire lane, the lawsuit states.

Shepherd claims Merkel started to abuse him verbally and physically after Shepherd asked the security guard why police had been called. Shepherd alleges Merkel grabbed his right arm and twisted it behind his back, causing a serious shoulder injury.

Shepherd was arrested on charges of disorderly conduct and resisting law enforcement. The charges were dismissed three months later, court records state.

Shepherd claims the police officers violated his constitutional rights. He is seeking a judgment against the officers, damages and costs including attorneys' fees.

Attorney Elizabeth Knight, who is representing Merrillville and the officers, could not be reached Tuesday for comment on the allegations.

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About Merrillville

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7820 Broadway Ave. Merrillville, IN 46410
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