IU settles civil rights lawsuit, PD chief out after parking fee arrest
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Indiana University’s police chief is out, and the university has settled a federal civil rights lawsuit after a graduate student said two IU Police Department officers violated his rights when he was arrested for an unpaid $3 parking fee.
In the complaint filed on Jun. 6, Moses Baryoh Jr. alleges he was unlawfully arrested when officers went to his home following a dispute with a parking attendant in September 2022. The suit was settled Sept. 5, 2023.
In a university statement released Wednesday, IU said the police department failed to uphold its standards for pursuing and arrest. It said the administration officials were notified of the incident in June after the lawsuit was filed in U.S. District Court.
After a review, the university found the former police chief, Jill Lees, did not follow mandatory review protocols and policies were violated.
The Herald-Times first reported Sept. 7 that Lees was no longer in the role, and officials did not state why. When Lee was hired in 2019, she was complimented for her transparency and community-oriented policing. On Wednesday, the university said in a statement she reviewed the 2022 incident in October and found no wrongdoing had occurred.
IU said in the statement all parties have received disciplinary action, an external consultant has conducted a review of all IU campus departments, operational changes are in the works for processes like parking enforcement and more training for police is underway.
The university also released about 10 hours of bodycam footage from the incident.
“We are deeply saddened by the behavior and actions that took place and offer our sincere apology to the individual and to our community,” the statement read. “Indiana University holds our staff, faculty, and leadership to the highest standards of ethical conduct and integrity, including IUPD.”
Lawsuit details
Baryoh filed the suit against the two officers involved, Austin Magness and Charlotte Watts, the IU Board of Trustees and the university where he says his Fourth and Fourteenth Amendment rights were violated.
Baryoh was working out at the IU campus gym and parked in the lot. He tried to pay the $3 fee with a $5 bill, but the attendant would only take card and said it could be carded to his bursar account for about $10 more. The attendant opened the gate after the complaint illustrated what was a miscommunication, and Baryoh drove home thinking it would be charged to his bursar. Instead, the attendant and another employee called the police
The two officers went to his home and knocked on his door when Baryoh was in the shower and said he yelled that could not come to the door and hear them when they yelled back. The officers went back to the car when they later saw Baryoh and approached him.
In the bodycam footage, a conversation ensues lasting about a minute where Baryoh is asked to sit on the ground, if he has any ID and if he could work with the officers. He tells them he will stay where he is and could go get identification. In the complaint, he said he was suddenly approached, knocked off balance and handcuffed. In bodycam footage, Baryoh repeatedly asked why he was being detained after police did not say they were there for the parking fee.
He was then criminally charged, though the charges did not include the unpaid parking fee and were later dismissed. He alleges the officers’ unlawful action led to harm, including pain, suffering, mental and emotional distress and reputational damage