Plaintiff had gone to officer’s house about delinquent mortgage payments
BY JAMES D. WOLF JR., POST-TRIBUNE CORRESPONDENT
VALPARAISO — A city K-9 officer who arrested a man who had come to see him about delinquent mortgage payments is being sued for the incident, as are the city of Valparaiso and the police chief.
Robert L. Robbins, owner of Certified Inspection Services, is claiming unlawful arrest and false imprisonment, malicious prosecution and intentional infliction of emotional distress by Officer Todd Kobitz when Robbins went to his house on April 14.
Among the accusations is that Kobitz turned his police dog on Robbins.
The complaint filed in the Porter County Courts system also makes a claim of failure to train, which is the reason Police Chief Michael Brickner and the city are named in the suit.
Robbins had been charged with misdemeanor trespassing on May 1, but the state dismissed those charges Sept. 1, according to his suit.
The legal complaint states that Option One Mortgage Corp. hired Robbins to go to the property at 6 W. 110 South after Kobitz hadn’t responded to communications that he was delinquent on at least one mortgage payment.
Robbins was to deliver a letter, verify mortgage information, take pictures of the property and encourage Kobitz to contact Option One Mortgage.
When Kobitz answered the door April 14, Robbins identified himself and his reasons to be there and asked permission to take photographs, court documents state.
Kobitz allegedly identified himself as a police officer, told Robbins he was trespassing and ordered Robbins to leave or be arrested.
Robbins returned to his vehicle but turned and asked permission to take photos of the property.
The suit claims Kobitz told Robbins he was under arrest, ordered him to return to the porch to wait for police to arrive and spoke to his police dog while pointing at Robbins.
Kobitz also asked his wife to get his police radio and handcuffs. Robbins called 911 for police assistance, and officers detained him at the scene for an hour.
Court records state that Robbins also sent Brickner a detailed e-mail on May 18, but the chief never responded.
Calls to Valparaiso Police spokesman Sgt. Mike Grennes Thursday afternoon and evening were not returned.
It isn’t known whether the department has taken any disciplinary action against Kobitz or whether Robbins filed a formal complaint.
Robbins’ attorney, Matthew D. Barrett in Logansport, declined to comment Thursday.