On a per capita basis, Elkhart is well on its way to becoming the wrongful conviction capital of North America
SOUTH BEND, IN – July 25, 2024 – Three new federal lawsuits filed today highlight how alleged police and prosecutorial corruption in Elkhart, IN has destroyed lives in the city and diverted funds from services that its residents should expect for their tax dollars.
Over the past decade the City of Elkhart has settled four previous wrongful conviction lawsuits for over $26 million. Some of these suits continue against other defendants.
DeWayne Dunn, Hahkeem Layman, and Joy Phillips each filed lawsuits detailing serious allegations of misconduct against various law-enforcement entities, including the Elkhart Police Department and the Elkhart County Prosecutor’s Office.
DeWayne Dunn v. City of Elkhart, et al: Mr. Dunn was wrongfully convicted in 2011 for the death of Angel Torres. As alleged in his lawsuit, Mr. Dunn’s wrongful conviction is the result of egregious police and prosecutorial misconduct that stole more than 12 years of his life. His lawsuit details the fabrication of false evidence, coercion of witnesses, and prosecutorial misconduct by the Elected Elkhart County Prosecutor, Vickie Becker. Ms. Becker is now a Defendant in two separate wrongful conviction lawsuits, including one filed on behalf of another Elkhart exoneree, Andrew Royer.
“Today begins the final chapter in DeWayne Dunn’s journey towards justice,” said Elliot Slosar of Loevy & Loevy Attorneys at Law. “Tragically, DeWayne’s 12-year wrongful conviction was not an accident, but rather, the result of Defendants’ intentional misconduct. While DeWayne’s wrongful conviction is a travesty of justice, it did not occur in isolation. DeWayne is the sixth Elkhart exoneree, a startling statistic for a community of this size. DeWayne’s case demonstrates a pattern of systemic misconduct in the halls of the Elkhart Police Department and the Elkhart County Prosecutor’s Office.”
Joy Phillips v. City of Elkhart, et al: Joy Phillips became a police officer more than two decades ago. In 2016, Ms. Phillips was hired by the Elkhart Police Department to serve and protect those in her community. She was so accomplished that she was twice interviewed, in 2018 and 2020, to serve as the new Chief of Police in Elkhart.
Due to a series of events that began in July 2022, Ms. Phillips’ life was turned upside down. Her lawsuit shows how she was retaliated against when she refused to engage in police misconduct that would have violated her oath to uphold the law and her fellow citizens’ rights. That retaliation ultimately cost Ms. Phillips her employment at the Elkhart Police Department.
As detailed in her lawsuit, an alleged conspiracy existed among members of the Elkhart Police Department and Elkhart County Prosecutor’s Office to force Ms. Phillips – an honest Elkhart officer – out of the Elkhart Police Department. Today Ms. Phillips sued 10 current and former members of the Elkhart Police Department for their roles in the alleged misconduct, in addition to Elkhart County Prosecutor Vicki Becker for her participation in the conspiracy to unjustifiably end Ms. Phillips’ career in Elkhart.
“Joy Phillips is among the best officers to have ever served the Elkhart community – yet allegedly corrupt officers and a prosecutor conspired to purge her,” said Slosar.”What happened to Joy is consistent with the pattern of misconduct that has permeated the Elkhart Police Department for decades: systemic misconduct clouded by a code of silence. As the lawsuit sets forth, Joy broke that code of silence and suffered serious retaliation as a result.”
Hahkeem Layman v, City of Elkhart, et al: Hahkeem Layman filed a lawsuit based upon the malicious prosecution and months of wrongful incarceration that he suffered. Unlike Mr. Dunn, who suffered a dozen years of wrongful incarceration, the criminal charges against Mr. Layman were dismissed after an Elkhart trial court ruled that Defendant Schwartz’s testimony was not credible and that he systematically was violating the constitutional rights of Elkhart citizens by doing pat-downs in every encounter.
In addition to Mr. Slosar, Mr. Dunn, Ms. Phillips, and Mr. Layman are also represented by Jon Loevy and Margaret Campbell, also of Loevy & Loevy. Loevy & Loevy Attorneys at Law is one of the largest civil rights law firms in the country with its main offices in Chicago. Over the past decade, Loevy & Loevy has won more multi-million-dollar jury verdicts than any other civil rights law firm in the country.
