Lafayette man files lawsuit against LPD

TIPPECANOE COUNTY, Ind. (WLFI) - A lawsuit involving a Lafayette man and the Lafayette Police Department has been filed in Tippecanoe County.

The lawsuit comes after Timothy Vander Plaats said three off-duty LPD officers harassed and threatened to kill him in January of 2012.

According to Timothy Vander Plaats' attorney, Scott Barnhart, it all started at Buffalo Wild Wings in Lafayette.

He said his client ran into a female friend and hugged her at the restaurant. The three officers were with her. One of the officers was dating her. The female told Vander Plaats her boyfriend would not be happy if she was talking to him.

"Mr. Vander Plaats left the establishment, went home and then got a series of phone calls," Barnhart said.

Barnhart said after an investigation, Lafayette police had determined officer Charles Williams was in fact the one making those phone calls.

"During a course of those phone calls, Mr. Williams made threats and threatening comments to him," Barnhart said.

Vander Plaats sent News 18 a recording of what he claims was the voicemail left from officer Williams the night of the incident.

"I swear to God if I hear your name again, I'm going to kill you," the recording, provided by Vander Plaats, said.

Lafayette Police Chief, Patrick Flannelly, said when the initial complaint was made, two investigations occurred, one criminal investigation and one internal investigation.

Flannelly said the criminal investigation was turned over to the Tippecanoe County Prosecutor's office.

Tippecanoe County Prosecutor, Pat Harrington, said he requested a special prosecutor from Howard County to handle the case.

Harrington said the special prosecutor did not file criminal charges.

Flannelly said during the course of the internal investigation, officer Williams was accused of leaving those messages and suspended five days without pay.

"We always want and expect the best from our police officers and that's why we have those rules and policies in place. Police work is a human endeavor just like anything else," Chief Flannelly said.

Barnhart said the lawsuit was filed on Jan. 9. He said typically defendants have 23 days to respond.

However, he said the city of Lafayette has asked for more time.