Nursing home patient's wife to sue Peru

PERU, Ind. (Kokomo Tribune) - The wife of a 64-year-old nursing home patient who was stunned five times by a Peru police officer plans to sue the city and the Peru Police Department, 24-Hour News 8’s news partner the Kokomo Tribune reports.

Carmel-based attorney, Stephen Gross said he submitted a tort claim notice on Monday to Peru Mayor Jim Walker and the Indiana Department of Insurance. It declared the intent of Virginia Howard to hold the city and police department responsible for her husband’s suffering when he was stunned by Officer Gregory Martin.

"The full extent of the loss is unknown at the time of this notice, but James suffered severe pain accompanied with at least temporary physical scarring, and possible neurological damage," Gross wrote in the notice. "Virginia suffered extreme emotional trauma as a result of seeing the manifestations of James' injuries and in having the details of the torturous incident conveyed to her."

Gross said the Howards’ are seeking monetary damages in an amount that will compensate them for their losses.

According to Gross the city had 90 days to contest the tort notice. If the city fails to respond or accept the notice, the lawsuit will move forward, he said.