Fort Wayne asks for more time in Balin Brake lawsuit

Local News

FORT WAYNE, Ind. (WANE) — Lawyers for the city of Fort Wayne have asked a federal court for more time to respond to new charges filed against the city as part of an excessive force lawsuit that came out of a racial justice protest last year in downtown.

Balin Brake, with the help of the ACLU of Indiana, is suing the city after he lost an eye when an unidentified Fort Wayne Police officer fired a tear gas canister at the then-21-year-old’s face while he was protesting in downtown Fort Wayne. Brake amended his complaint against the city to add claims of assault and battery as well as intentional infliction of emotional distress on top of the excessive force charge.

The city asked for the extension to respond to the new charges because they expect to be asked by Brake’s lawyers to reveal the identity of the officer, known in court documents only as “John Doe.”

The city told the court that “the parties have been participating in and discussing discovery, including the identity of John Doe, and the Plaintiff anticipates filing a second amended complaint shortly to name John Doe, without objection by the Defendants, except to the extent that the identify of John Doe is used for purposes other than this litigation.”

Attorneys say after the request is made, the city will respond within 14 days.

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