Suit filed in 2011 Niles police officer assault

April 29--A lawsuit filed last month in U.S. District Court in Kalamazoo claims that a St. Joseph County (Ind.) man arrested three years ago in Niles was "violently assaulted and tortured ... multiple times'' by Ivery Cross III, then a Niles city police officer who's now serving a prison term stemming from the crime.

As a result of the offense, the victim, 19 at the time of the incident, has suffered "severe physical and emotional damage,'' the suit claims. The suit demands a jury trial and asks for a minimum of $75,000 in damages, exclusive of court costs and attorney fees.

Although the plaintiff is named in the suit, The Tribune isn't identifying him because he was the victim of a sexual assault.

Listed as defendants are the city of Niles; City Administrator Ric Huff, who at the time of the incident was Niles city police chief; Cross; five troopers with the Michigan State Police, and five other city of Niles "John Does.'' According to the suit, the names of the troopers and John Does, the latter of which were described as supervisors of Cross at the holding facility at the Law Enforcement Complex on Silverbrook Avenue, are unknown to the plaintiff but will be identified in the suit once their names become available.

The suit faults the city and/or Huff for hiring Cross, Niles' only black police officer at the time, a little more than two years prior to the incident and for allegedly keeping him on the force when it had become clear he was unfit for duty. Cross was hired, the suit claims, so Niles "could receive federal, state or private grant money for having a 'diverse' police force.''

It claims in addition Cross either failed or wasn't administered required aptitude, psychological and/or other types of exams and that his test results, if administered, were "ignored, hid, covered up and/or fabricated ... so he could be hired ... and the city of Niles and/or the Niles Police Department could receive grant money.''

According to the suit, Cross remained on the force despite grievances from fellow officers and city employees, citizen complaints and such misconduct as his arrest of a young man on Sept. 16, 2009, for alleged possession of marijuana. The suit alleges that Cross took the man to Lakeland Regional Medical Center in St. Joseph for health-care screening and an argument broke out, prompting Cross to handcuff the man to a gurney before striking him several times in the chest and abdomen.

Niles city police were notified of the incident, the suit states, but refused to take a report.

As for the incident involving the plaintiff in the lawsuit, the suit claims the victim was stopped in his car on March 17, 2011, for a traffic violation and was arrested after Cross discovered "a minute amount of marijuana'' in the auto. Cross allegedly took the victim to a common area adjacent to a holding cell at the LEC and "began to taunt (the victim) by asking him what he was willing to do to get out of being charged for the crime of possession of marijuana.''

The suit claims that Cross then ordered the victim into a bathroom out of range of video cameras and forced the victim "to perform obscene and grotesque acts of a sexual nature.''

The suit states the assault continued a short time later in the bathroom and that it included a physical assault in which the victim was forced to remove his clothes.

Cross, 25 at the time of the incident, was arrested later that month after remaining in contact with the victim, who met with Cross while wearing a concealed recording device provided by authorities investigating the victim's allegations against the officer. Fired for violating department rules, Cross entered guilty pleas the following month to three counts of second-degree criminal sexual conduct and one count of misconduct of office.

Downgraded from a first-degree criminal sexual conduct charge punishable by up to life in prison, the offenses resulted in a five- to 15-year prison term. Later, Cross attempted to withdraw his guilty pleas, arguing he'd received ineffective counsel, but Berrien Trial Court Judge Scott Schofield denied the motion.

Contacted Tuesday, neither Huff nor Niles City Attorney Robert Landgraf Jr. would comment about the suit. Landgraf said it's been turned over to the city's insurance carrier.

Sean Drew, the attorney for the victim, said last week the suit is still in its early stages, adding he's awaiting the scheduling of depositions. A trial date has yet to be set, he said.

LMumford@SBTinfo.com

574-876-2752

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