FORT WAYNE, Ind. (WANE) — A lawsuit filed against the Allen County sheriff for pushing a 15-year-old boy will now be heard in federal court.
Allen County Sheriff David Gladieux was charged with misdemeanor battery after an investigation into an altercation involving Gladieux and a teenage boy that took place at the Three Rivers Festival.
The parents of the 15-year-old filed a tort claim notice in August, asking for $300,000 in damages for medical costs, emotional distress, and other damages, according to court documents.
The lawsuit had been pending in Allen Superior Court, but Gladieux’s attorneys filed a notice of removal to U.S. District Court last week. The lawsuit claims that the sheriff violated the teen’s 4th rights under the Fourth Amendment, which protects citizens from unlawful searches and seizures.
As of this story being published, no hearings or court dates have been set.
Back in September, Gladieux reached a pretrial agreement and was enrolled in the Allen County Prosecutor’s Office Pretrial Diversion Program. With the agreement, Gladieux was required to pay a $334 fee, complete alcohol and anger management programs, and make a public apology.
According to documents obtained by WANE 15, Gladieux completed 12 hours of a risk management program for alcohol use as recommended. He also completed all requirements of the National Association for Alcoholism and Drug Abuse Counselors, as well as 10 hours of Conflict Resolution for Recovery and Relapse Prevention.
With the completion of the programs, the battery charge will be dismissed. According to Gladieux’s attorney, as long as the sheriff does not get arrested between now and Oct. 18, the charges will be dismissed.