Filed: 9/6/2021 1:42 PM

Clerk
St. Joseph County, Indiana

STATE OF INDIANA ) IN THE JOSEPH COUNTY SUPERIOR COURT

)SS:
COUNTY OF ST. JOSEPH )

PASTOR MARIO SIMS, )

)
Plaintiff, )
)
v. ) CAUSE NO.: 71C01-2109-CT-000342
)
PETE BUTTIGIEG, )
MIKE SCHMUL, )
TIM CORBETT, )
ST. JOSEPH COUNTY, INDIANA by )
and through the )
ST. JOSEPH COUNTY BOARD OF )
COMMISSIONERS in their )
individual and official capacities, )
CITY OF SOUTH BEND INDIANA, )
STEPHANIE STEELE, )
as Corporation )
Counsel for the City of South Bend, )
TASHA REED OUTLAW, )
ANN-CAROL NASH, )
CRISTAL BRISCO, )
all named individuals )
are current or former )
South Bend City )
employees, and are sued in their )
official and individual capacities, )
and John and Jane Doe others to be )
identified at the conclusion of )
discovery, )
)
Defendants ) JURY DEMAND

VERIFIED COMPLAINT AT LAW

(Pursuant to the Court of Appeals Memorandum Decision 20A-CT-2390
of April 14, 2021 )1
1Pursuant to that memorandum decision, Plaintiff also files his “Brief” showing doctrines of res judicata, collateral
estoppel, or law of the case, does not apply, and attaches “Relevant Documents” as required. Further this complaint
shows the statute of limitations does not apply because of fraudulent concealment, all defendants had a duty to
disclose and not violate the law. Finally this is filed as a new a case pursuant to the entry of August 30, 2021, by
Judge Mike Bergerson, in CAUSE NO.: 71D06-2001-CT-000024 without objection from the parties
1
 NOW COMES the Plaintiff Pastor Mario Sims (“Pastor Sims”), and by and through his

attorneys, Johnny W. Ulmer, Thomas F. Godfrey and Richard Bryant, and demands damages

from the defendants, and in support states as follows:

STATEMENT OF FACTS

1. In April of 2019, ABC21 News Anchor and Investigative Reporter and now NBC

UNIVERSAL MEDIA, LLC Reporter Alexis Rivas Shear, contacted Mario L.

Sims, a Senior Pastor of Doulos Chapel, 608 South St. Joseph Street, South Bend,

Indiana by telephone and asked if she could come to the church.

2. Shortly after her call she arrived at the church with a cameraman and another

Reporter.

3. Reporter Alexis Rivas Shear, disclosed Tim Corbett, who in 1994 was a South

Bend Police Officer, stated to her that he had planted evidence in the State of

Indiana vs. Mario L. Sims in 1994. She then recorded an interview of Pastor Sims.

The allegations describe a constitutional violation: the infringement of the due

process right to obtain exculpatory evidence, in this case through the

investigators’ concealment of that evidence. Moreover, at the time of these events,

this right was clearly established. At the time that Corbett acted to suppress

evidence of tampering and planting evidence, he was still a police officer, and he

was not acting in a prosecutorial capacity. It was already clearly established as

early as 1994 that police could not withhold exculpatory information. See Jones v.

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 City of Chicago, 856 F.2d 985 (7th Cir. 1988) (affirming award of damages

against officers who withheld exculpatory information in 1981).

4. While conducting the interview, she received a telephone call from her station.

After concluding the call, she advised Pastor Sims, that her station executives had

informed her based on Tim Corbett's admission she is now a witness to a crime

and to return to the station immediately.

5. As she left, she advised Pastor Sims to hold off for at least a week taking any

public action as she wanted to discuss with her station executives what they

wanted her to do with the story.

6. Prior to coming to Doulos Chapel that day she also gave a verbal statement to

Elkhart Police Department Officer Davin Hackett, regarding Tim Corbett's

admission of planting evidence in Pastor Sims' case, who in turn reported it to

Internal Affairs at EPD, and also to former South Bend Board of Public Safety

President Pat Cotrell, who is also a former South Bend Police Officer and to

former South Bend Police Officer and to City Councilman Derek Dieter.

7. After a week went by and not hearing from Reporter Alexis Rivas Shear, Pastor

Mario contacted her by phone. During that call she stated she was afraid for her

life.

8. Sims was aware that at least one law enforcement officer supervised by Tim

Corbett in his position as St. Joseph County Metro Homicide Commander, had

previously harassed former South Bend Reporter Jacklyn Kelly to the point she

was forced to leave town. Corbett also encouraged his supporters to harass Pastor

3
 Sims causing him to file several police reports with the Indiana State Police and

St. Joseph County Police.

9. Reporter Alexis Rivas Shear stated it was okay though for Pastor Sims to act on

what she had told him.

10. In September of 2019 Pastor Sims was made aware from an article by The Young

Turks that Mayor Pete Buttigieg, Mike Schmuhl, and the City Legal Department

were aware that Tim Corbett was a racist and had bragged about planting

evidence to gain convictions of black defendants.

11. The Young Turks had obtained relevant discovery from the suit in which the City

of South Bend had paid $500,000.00 to Tim Corbett and four others.

12. Pastor Sims, who had known he had not raped his wife and believed in 1994

before, during and after his criminal trial that Tim Corbett had planted evidence

and that Tim Corbett was a racist but could not prove it previously until The

Young Turks story in September of 2019 gave physical evidence to support what

News Reporter Alexis Rivas Shear had said.

13. Pastor Sims has had no criminal record prior to Tim Corbett planting evidence to

gain and sustain his conviction in 1994 or at any time after his release from prison

in 2006.

14. As a result of the above, Pastor Sims has suffered financial loss, incurred damage

to his reputation and been publicly humiliated by people identifying themselves as

Pete Buttigieg supporters who at one point boasted in a Facebook Post in 2016

caused the South Bend Police to attempt to enter Doulos Chapel without a warrant

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 claiming there was a meth lab inside. There was no meth lab and Pastor Sims

suffered a stroke that day November 7, 2016.

15. People identifying themselves as Buttigieg supporters have threatened to disrupt

Doulos Chapel services and burn the church and have actively interfered with

efforts to raise funds for the church which houses feeds and clothes the homeless,

calling the Pastor a “rapist” and creating online sites to dissuade the public from

associating with him and have filed false reports with the St. Joseph County

Board of Health regarding the church and other entities.

16. After Pastor Sims refused to agree to help the South Bend Police keep the peace

at then candidate Donald Trump's rally in South Bend in 2016 five City Inspectors

showed up at Doulos Chapel for an unannounced inspection, solely for the

purposes of harassing Pastor Sims, and only left after Pastor Sims contacted

FOX28. The Reporter determined all the inspectors found was a leaking roof.

17. At this time, it is difficult to determine the full extent of the damages my/our

client is seeking because of the outrageous conduct of the named individuals.

18. Because of the 12- and 1/2-years Pastor Sims was totally innocent and was

wrongly incarcerated after Tim Corbett planted evidence in his case and the

numerous and continuous efforts to frustrate his ability to gather evidence needed

to overturn his conviction that has since 2012 been in the hands of those named

above.

19. To shore up the false case against Pastor Sims, Tim Corbett fabricated evidence.

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20. Based on the force of the fabricated evidence by Tim Corbett, Plaintiff was

charged, prosecuted, and convicted of rape and criminal deviant conduct.

21. He was sentenced to 27 years in prison.

22. Never giving up on proving his innocence, Pastor Sims worked tirelessly to show

that he had absolutely nothing to do with this crime, including making Access to

Public Records Request to the South Bend City legal department.

23. Mrs. Karen DePaepe disclosed to South Bend City legal department at their

request, Pete Buttigieg, Mike Schmul as then Mayor Buttigieg's Chief of Staff,

City of South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw,

Cristal Briscoe (“ City Legal”), were aware that Corbett was racist and had

planted evidence to gain convictions of black defendants from their positions and

responsibilities in the City legal department, discovery in the tape case and from

direct questions they asked Karen DePaepe about the tapes contents, all in

violation of Indiana Code 35-44.1-2-2, Obstruction of justice, with Mike Schmul

threatening Mrs. DePaepe not to disclose that Corbett was racist and had set up

black defendants and Buttigieg lying to cover up his knowledge from Schmul and

City Legal of Corbett's racism and planting evidence.

24. Pastor Sims, because of the disclosures made in September 2019 by the Young

Turks article and Mrs. Karen DePaepe's WUBS FM radio interview in December

2019, that Mrs. DePaepe had informed Schmul, and the City legal staff members

of Corbett planting evidence and being racist, Pastor Sims learned after Mrs.

DePaepe's interview, he was not the first—nor the last person—that would be the

6
 victim of Corbett planting evidence as law enforcement officers that worked with

Corbett and individuals that he had arrested, heard him use the word nigger, and

knew him to be racist. Corbett has even committed perjury by denying under oath

he worked on Pastor Sims criminal case to conceal his role in planting evidence.

25. This action is brought pursuant to Article 1, Section 12 of the Indiana Constitution

to redress Defendants’ deprivation of Plaintiff’s guaranteed due course of law

rights secured by the Indiana Constitution.

PARTIES

26. Plaintiff Pastor Mario Sims is a 69-year-old, Black, honorably discharged United

States Marine Corps veteran.

27. Defendant City of South Bend is an Indiana municipal corporation and is and/or

was the employer of each of the defendants at all times relevant.

28. The City of South Bend is liable for the acts of the Defendants, which were

undertaken within the scope of their employment for the City.

29. At all times relevant hereto, Defendant Tim Corbett was a law enforcement officer

in the South Bend Police Department acting under color of law and within the

scope of his employment for the City of South Bend. The defendants facilitated,

condoned and approved and conspired to cover up the constitutional violations

committed by Tim Corbett.

30. Defendants Pete Buttigieg, as Mayor of the City of South Bend, Mike Schmul as

then Mayor Buttigieg's Chief of Staff, City of South Bend, City Legal staff:

Stephanie Steele, Tasha Reed Outlaw, Cristal Briscoe, acting under color of law

7
 and within the scope of their employment for the City of South Bend, obstructed

justice, spoliated evidence, and conspired to violate Pastor Mario Sims' right to

due course of law guaranteed by Article 1, Section 12 of the Indiana Constitution.

31. As Mayor of the City of South Bend, defendant Pete Buttigieg facilitated,

condoned racism in the South Bend Police Department, and conspired to obstruct

justice, spoliate evidence, and approved the constitutional violations committed

by City employees.

32. All Defendants are or were employees or acting as representatives of the City of

South Bend and/or its Mayor, therefore were acting under the color of law, based

upon policies and procedures of the City of South Bend, and are sued in their

official and individual capacities.

33. As a direct and proximate result of the City of South Bend and Pete Buttigieg as

Mayor failing to properly and adequately train and supervise its agents, Pastor

Sims irreparably suffered both physical and emotional injuries.

34. For this malfeasance, the City of South Bend and defendants must answer

individually.

City of South Bend Policy and Practices

35. Consistent with municipal policy and practice, employees of the City of South

Bend, Tim Corbett, manufactured evidence against innocent persons by

pressuring a witness to provide false statements implicating an innocent person,

knowing that the statement was false. Furthermore, Tim Corbett as a South Bend

Police Officer, Mike Schmul as then Mayor Buttigieg's Chief of Staff, City of

8
 South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw, Cristal

Briscoe, and Ann-Carol Nash who were aware that Corbett was racist and had

planted evidence to gain convictions of blacks, suppressed exculpatory and/or

impeaching material by concealing the racism and planting of evidence, and had

a duty to inform Pastor Sims, but failed to do so and therefore violated Pastor

Sims due process right to be told about exculpatory evidence in accordance with

Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

36. Further the highly exculpatory and exonerating evidence and obstructed

investigations would have led to discovery of further exculpatory evidence.

37. The proposition that it is unconstitutional for law enforcement officers to

withhold or suppress exculpatory evidence finds its roots in Brady.

38. Pyle v. Kansas, 63 S.Ct. 177 (1942). held unconstitutional imprisonment resulting

from perjured testimony, knowingly used by the authorities to obtain a

conviction, and from the deliberate suppression by those same authorities of

evidence favorable to Pastor Sims. Brady, 373 U.S. at 86, 83 S.Ct. 1194 (quoting

Pyle, 317 U.S. at 215-16, 63 S.Ct. 177).

39. The United States Supreme Court concluded that the “suppression of potentially

exculpatory evidence was a violation of the Due Process Clause of the Fourteenth

Amendment.”  Brady, 373 U.S. at 86, 83 S.Ct. 1194.  

40. The fundamental principle at stake, it emphasized, is the “avoidance of an unfair

trial to the accused.”  Id. at 87, 83 S.Ct. 1194.

9
41. The Court has not retreated from these fundamental principles in the cases that

have followed Brady;  to the contrary, it has repeatedly underscored the breadth of

the Brady rule.  

42. Thus, for example, it held in United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct.

3375, 87 L.Ed.2d 481 (1985), that Brady applies to impeachment evidence as well

as to direct evidence of guilt.   It has also made it clear that Brady's principles

apply to evidence both in the hands of the police and in the hands of the

prosecutors.   See Kyles v. Whitley, 514 U.S. 419, 115 S.Ct. 1555, 131 L.Ed.2d

490 (1995).

43. Consistent with municipal policy and practice, employees of the City of South

Bend, including the named Defendants, concealed racism and evidence planting.

44. Consistent with municipal policy and practice, employees of the City of South

Bend, including the named Defendants, concealed exculpatory evidence from

Plaintiff.

45. The City of South Bend and the South Bend Police Department failed in 2012 to

investigate cases in which Tim Corbett was involved where there were black

defendants and failed to discipline Corbett for misconduct in any such cases.

46. The City of South Bend and its Police Department failed in 1994 and in the years

prior to provide adequate training to Tim Corbett.

47. The City’s failure to train Tim Corbett proximately caused Corbett to plant

evidence in Pastor Sims' case.

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 48. The City’s failure to train, supervise, and discipline Corbett effectively condoned,

ratifies, and sanctions the kind of misconduct that Corbett committed against

Plaintiff in this case. Constitutional violations such as those that occurred in this

case are encouraged and facilitated as a result of the City’s practices and de facto

polices, as alleged above.

49. The policies and practices described in the foregoing paragraphs were consciously

approved by the Mayor Buttigieg and City legal who were deliberately indifferent

to the violations of constitutional rights described herein.

a. State, local Government, Officers of the Court, and Police Duty to Disclose,
b. continuing wrong, c. fraudulent concealment

50. Brady extends beyond the original trial. Pastor Sims had tried for years to uncover

evidence of his being set up and wrongfully convicted, using planted evidence

but could not prove it until 2019 when the critical exculpatory materials were

uncovered.

51. Here the defendants suppressed the exculpatory evidence throughout every phase

of Pastor Sims state proceedings, intentionally suppressing exculpatory evidence

known at the time to be necessary for a convicted felon to obtain redress.

52. Here, just as in Brady itself, and in the later decision in Kyles v. Whitley, the

evidence at issue was known to the South Bend police before Pastor Sims was

brought to trial and concealed even after the Defendants were made aware by

Mrs. Karen DePaepe of Corbett's conduct. The Supreme Court reiterated the fact

that “the duty to disclose [exculpatory material] is ongoing.”  Pennsylvania v.

11
 Sims causing him to file several police reports with the Indiana State Police and

St. Joseph County Police.

9. Reporter Alexis Rivas Shear stated it was okay though for Pastor Sims to act on

what she had told him.

10. In September of 2019 Pastor Sims was made aware from an article by The Young

Turks that Mayor Pete Buttigieg, Mike Schmuhl, and the City Legal Department

were aware that Tim Corbett was a racist and had bragged about planting

evidence to gain convictions of black defendants.

11. The Young Turks had obtained relevant discovery from the suit in which the City

of South Bend had paid $500,000.00 to Tim Corbett and four others.

12. Pastor Sims, who had known he had not raped his wife and believed in 1994

before, during and after his criminal trial that Tim Corbett had planted evidence

and that Tim Corbett was a racist but could not prove it previously until The

Young Turks story in September of 2019 gave physical evidence to support what

News Reporter Alexis Rivas Shear had said.

13. Pastor Sims has had no criminal record prior to Tim Corbett planting evidence to

gain and sustain his conviction in 1994 or at any time after his release from prison

in 2006.

14. As a result of the above, Pastor Sims has suffered financial loss, incurred damage

to his reputation and been publicly humiliated by people identifying themselves as

Pete Buttigieg supporters who at one point boasted in a Facebook Post in 2016

caused the South Bend Police to attempt to enter Doulos Chapel without a warrant

4
 victim of Corbett planting evidence as law enforcement officers that worked with

Corbett and individuals that he had arrested, heard him use the word nigger, and

knew him to be racist. Corbett has even committed perjury by denying under oath

he worked on Pastor Sims criminal case to conceal his role in planting evidence.

25. This action is brought pursuant to Article 1, Section 12 of the Indiana Constitution

to redress Defendants’ deprivation of Plaintiff’s guaranteed due course of law

rights secured by the Indiana Constitution.

PARTIES

26. Plaintiff Pastor Mario Sims is a 69-year-old, Black, honorably discharged United

States Marine Corps veteran.

27. Defendant City of South Bend is an Indiana municipal corporation and is and/or

was the employer of each of the defendants at all times relevant.

28. The City of South Bend is liable for the acts of the Defendants, which were

undertaken within the scope of their employment for the City.

29. At all times relevant hereto, Defendant Tim Corbett was a law enforcement officer

in the South Bend Police Department acting under color of law and within the

scope of his employment for the City of South Bend. The defendants facilitated,

condoned and approved and conspired to cover up the constitutional violations

committed by Tim Corbett.

30. Defendants Pete Buttigieg, as Mayor of the City of South Bend, Mike Schmul as

then Mayor Buttigieg's Chief of Staff, City of South Bend, City Legal staff:

Stephanie Steele, Tasha Reed Outlaw, Cristal Briscoe, acting under color of law

7
41. The Court has not retreated from these fundamental principles in the cases that

have followed Brady;  to the contrary, it has repeatedly underscored the breadth of

the Brady rule.  

42. Thus, for example, it held in United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct.

3375, 87 L.Ed.2d 481 (1985), that Brady applies to impeachment evidence as well

as to direct evidence of guilt.   It has also made it clear that Brady's principles

apply to evidence both in the hands of the police and in the hands of the

prosecutors.   See Kyles v. Whitley, 514 U.S. 419, 115 S.Ct. 1555, 131 L.Ed.2d

490 (1995).

43. Consistent with municipal policy and practice, employees of the City of South

Bend, including the named Defendants, concealed racism and evidence planting.

44. Consistent with municipal policy and practice, employees of the City of South

Bend, including the named Defendants, concealed exculpatory evidence from

Plaintiff.

45. The City of South Bend and the South Bend Police Department failed in 2012 to

investigate cases in which Tim Corbett was involved where there were black

defendants and failed to discipline Corbett for misconduct in any such cases.

46. The City of South Bend and its Police Department failed in 1994 and in the years

prior to provide adequate training to Tim Corbett.

47. The City’s failure to train Tim Corbett proximately caused Corbett to plant

evidence in Pastor Sims' case.

10
access to evidence, which includes the alteration, destruction or concealment of

evidence, and perhaps more importantly, the possession of certain forms of

evidence of crimes committed by Corbett, to be proven by credible admissible

testimony of law enforcement officers, some that served with Tim Corbett. Tim

Corbett is a corrupt racist cop, responsible for planting evidence to gain the

wrongful conviction of Pastor Mario Sims, then for years covering up his

misdeeds while Pastor Sims' struggled to prove his innocence courts but was

unable to do so because Corbett withheld the evidence until his admission of guilt

made to Reporter Alexis Shear, whom he threatened to remain silent. Tim Corbett

belongs in jail for his acts, including official misconduct, perjury, obstruction of

justice, or intimidation. I.C. § 35-45-6-1 and false informing, all which he

disclosed himself to Reporter Alexis Shear then threatened her life, can be

considered crimes under federal and state statutes covered up by officers of the

court, some of which are judges now) acting under color of law and within the

scope of their employment for the City of South Bend as supervisors, were liable

for their subordinates Corbett's and their own violation of others' constitutional

rights when they “know about the conduct and facilitate it, approve it, condone it,

or turn a blind eye for fear of what they might see.  They must in other words act

either knowingly or with deliberate, reckless indifference.”  856 F.2d at 992-93.  

There is enough evidence to enable a jury to infer that the defendants had

knowledge every false step taken by the subordinate officer, Tim Corbett, had

13
64. Indiana law provides that public entities are directed to pay any tort judgment or

settlement for compensatory damages for which employees are liable within the

scope of their employment activities.

65. Defendants are or were employees of the City of South Bend, who acted within

the scope of their employment in committing the misconduct described herein.

COUNT. II – THIRD PARTY SPOLIATION OF EVIDENCE

66. Plaintiff incorporates ¶¶ 1-65 herein.

67. Beginning in 1994 when Pastor Mario Sims was falsely convicted of rape using

evidence planted by Tim Corbett a South Bend Police Officer, and continuing

when Mrs. DePaepe had informed Schmul, and the City legal staff members of

Corbett planting evidence and being racist, there was a special duty created by

both Indiana law and Brady v. Maryland, creating a special relationship requiring

all of the Defendants to disclose the planted evidence. The harm involved in

concealing of the planted evidence and racism by Corbett was foreseeable and

that the recognition of duty is consistent with Indiana’s policy of accountability.

68. Not only did the City of South Bend later promote Tim Corbett to Captain of the

South Bend Police Department day shift, Buttigieg paid Corbett and others

$500,000 for making racist statements in 2012, all while City legal defendants

and Schmul lied, denying they knew the contents of the police tapes after they had

asked Mrs. Karen DePaepe specifically what the contents were and she told them,

16
 employee or the result of South Bend City customs of allowing Tim Corbett to be

employed in law enforce knowing he was/is racist and that he planted evidence in

Pastor Sims' criminal case to wrongly gain his conviction.

79. The Due Process Clause and the Due Course of Law Clause prohibit state action

which deprives a person of life, liberty, or property without the process or course

of law that is due, that is, a fair proceeding. The same analysis is applicable to

both the federal and state claims. Shook Heavy & Envtl. Constr. Group v. City of

Kokomo, 632 N.E.2d 355, 361 (Ind. 1994) ("Our court has regularly applied the

principles cited by Judge Robertson in federal constitutional due process' claims

asserted in our court . . . . Because these are familiar principles in Indiana

jurisprudence, we have no difficulty in explicitly extending them to article I,

section 12, of our constitution.").

80. The misconduct described in this Count was objectively unreasonable and was

undertaken intentionally, with malice, with reckless indifference to the rights of

others, and in total disregard of the truth and Plaintiff’s clear innocence.

81. As a result of the Defendants’ misconduct described in this Count, Plaintiff

suffered loss of liberty, great emotional pain and suffering, and other grievous and

continuing injuries and damages, and arguably had Corbett's misconduct, racism

and criminal acts that gained Pastor Sims' conviction been disclosed, there would

have been no Scopelitis or Bramer opinions, caused by the defendants concealing

the fabriaction of evidence, as he struggled to prove his innocence.

19
 (Duty as to South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw,
Cristal Briscoe, and Ann-Carol Nash)

92. Plaintiff incorporates ¶¶ 1-91 herein.

93. The defendants Stephanie Steele, Tasha Reed Outlaw, Cristal Briscoe, and Ann-

Carol Nash, who are licensed lawyers or were at all times relevant, as more fully

shown above involved themselves in acts of deceit or collusion, with the intent to

deceive a judge and court and the Plaintiff who was a party to the actions and

judicial proceedings, in state court by not disclosing Corbett planting evidence

and racism, which they were mandated to do by Brady v. Maryland, Indiana

Professional Rules of Conduct and Article 1, Section 12 of the Indiana

Constitution.

COUNT VIII - VIOLATIONS OF: THE 1st AND 14th AMENDMENT TO

THE UNITED STATES CONSTITUTION, RETALIATION, ABUSE OF
GOVERNMENTAL POWER, 42 USC § 1985(2), 42 USC § 1985(3)
and Article 1, Section 12 of the INDIANA CONSTITUION by Tim Corbett, others
unknown at this time but who will be named after discovery is conducted and the County
of St. Joseph

94. Plaintiff incorporates ¶¶ 1-93 herein.

95. Plaintiff was contacted and advised that Defendant Tim Corbett, in retaliation for

the Plaintiff filing this suit, who is an employee of St. Joseph County Metro

Homicide, had contacted at least one of the Plaintiff’s witnesses who was named

in the instant complaint, Pat Cotrell, in an effort to deter him from testifying in the

court proceeding pending in this action.

22
 was never informed of. Nor was the jury ever informed Lionel Williams

committed perjury on the witness stand when he claimed he had written a letter

telling the St. Joseph County Prosecutor he heard Pastor Sims confess when the

truth is Tim Corbett told him the testimony to give as former St. Joseph County

Prosecutor Dvorak issued a letter stating no such letter existed. St. Joseph County

was aware of Tim Corbett's use of his law enforcement position and actions to

harass and intimidate the Plaintiff because of police reports and the conduct of the

members of the St. Joseph County Metro Homicide unit to harass and intimidate

the Plaintiff, citizens, reporters and others because of complaints, but continued to

employee Tim Corbett and other St. Joseph County employees who violated civil

rights as a direct result of a policy, custom or practice adopted or followed by the

municipal employer, to wit, the County of St. Joseph.

103. Tim Corbett has publicly stated that if he goes down, he has information

on others in positions of authority to take them down.

104. Tim Corbett and other St. Joseph County Metro Homicide employees

conspired to use planted evidence to obtain indictments and convictions in

conspiracy to bar black plaintiffs from state courts, including the Plaintiff in this

case.

105. Here Tim Corbett a defendant attempted to make another person withhold

testimony or evidence, he knew that the other person was a witness or may have

relevant information; and the information was relevant to this civil action.

PRAYER FOR RELIEF

25
Date: September 6, 2021

28
87. As the Seventh Circuit recently explained, The continuing violation doctrine ... is

aimed at ensuring that illegal conduct is punished by preventing a defendant from

invoking the earliest manifestation of its wrongdoing as a means of running out

the limitations clock on a course of misconduct that persisted over time; the

doctrine serves that end by treating the defendant's misconduct as a continuing

wrong and deeming an action timely so long as the last act evidencing a

defendant's violation falls within the limitations period. ... Thus, where the

violation at issue can be characterized as a continuing wrong, the limitations

period begins to run not when an action on the violation could first be brought,

but when the course of illegal conduct is complete. United States v. Spectrum

Brands, 924 F.3d 337, 350 (7th Cir. 2019) (internal citations omitted). (7th Cir.

2013).

88. For a continuing harm, the statute of limitations begins to run on the last

occurrence of the harm.

89. South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw, Cristal

Briscoe, and Ann-Carol Nash conduct was extreme and outrageous.

90. South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw, Cristal

Briscoe, and Ann-Carol Nash conduct caused the Plaintiff severe emotional

distress.

91. The conduct of caused Plaintiff to suffer general and special damages in an

amount to be proven at trial.

COUNT VII - VIOLATIONS OF I.C.§33-43-1-8(a)(b)

21
 (Duty as to South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw,
Cristal Briscoe, and Ann-Carol Nash)

92. Plaintiff incorporates ¶¶ 1-91 herein.

93. The defendants Stephanie Steele, Tasha Reed Outlaw, Cristal Briscoe, and Ann-

Carol Nash, who are licensed lawyers or were at all times relevant, as more fully

shown above involved themselves in acts of deceit or collusion, with the intent to

deceive a judge and court and the Plaintiff who was a party to the actions and

judicial proceedings, in state court by not disclosing Corbett planting evidence

and racism, which they were mandated to do by Brady v. Maryland, Indiana

Professional Rules of Conduct and Article 1, Section 12 of the Indiana

Constitution.

COUNT VIII - VIOLATIONS OF: THE 1st AND 14th AMENDMENT TO

THE UNITED STATES CONSTITUTION, RETALIATION, ABUSE OF
GOVERNMENTAL POWER, 42 USC § 1985(2), 42 USC § 1985(3)
and Article 1, Section 12 of the INDIANA CONSTITUION by Tim Corbett, others
unknown at this time but who will be named after discovery is conducted and the County
of St. Joseph

94. Plaintiff incorporates ¶¶ 1-93 herein.

95. Plaintiff was contacted and advised that Defendant Tim Corbett, in retaliation for

the Plaintiff filing this suit, who is an employee of St. Joseph County Metro

Homicide, had contacted at least one of the Plaintiff’s witnesses who was named

in the instant complaint, Pat Cotrell, in an effort to deter him from testifying in the

court proceeding pending in this action.

22
96. Tim Corbett is a St. Joseph County Homicide employee, which is operated by the

St. Joseph County and also employs David Wells who is also a member of the St.

Joseph County Metro Homicide who has previously contacted Plaintiff Mario

Sims in an effort to tell him how good a person Tim Corbett is, that he is not racist

and that there is nothing on the South Bend Police tapes, so the Plaintiff would

not pursue obtaining evidence of Corbett’s racism and of planting evidence.

97. St. Joseph County has disciplined Tim Corbett twice for making threats but

continues to employ him.

98. At least one member of the St. Joseph County Metro Homicide unit in conspiracy

with Tim Corbett has threatened news reporter Jacklyn Kelly causing her to leave

St. Joseph County.

99. The Plaintiff has filed numerous police reports regarding the harassment and

intimidation by Tim Corbett and his supporters.

100. ABC21 News Anchor and Investigative Reporter and now NBC

UNIVERSAL MEDIA, LLC Reporter Alexis Rivas Shear, told the Plaintiff that

she was afraid of Tim Corbett because she knew he had a history of intimidating

witness.

101. The above conduct and actions in conspiracy to deny to the Plaintiff and

citizens the equal protection of the laws shocks the conscience and offends the

community's sense of fair play and decency all in violation of the Plaintiff’s

substantive due process rights.

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 City of Chicago, 856 F.2d 985 (7th Cir. 1988) (affirming award of damages

against officers who withheld exculpatory information in 1981).

4. While conducting the interview, she received a telephone call from her station.

After concluding the call, she advised Pastor Sims, that her station executives had

informed her based on Tim Corbett's admission she is now a witness to a crime

and to return to the station immediately.

5. As she left, she advised Pastor Sims to hold off for at least a week taking any

public action as she wanted to discuss with her station executives what they

wanted her to do with the story.

6. Prior to coming to Doulos Chapel that day she also gave a verbal statement to

Elkhart Police Department Officer Davin Hackett, regarding Tim Corbett's

admission of planting evidence in Pastor Sims' case, who in turn reported it to

Internal Affairs at EPD, and also to former South Bend Board of Public Safety

President Pat Cotrell, who is also a former South Bend Police Officer and to

former South Bend Police Officer and to City Councilman Derek Dieter.

7. After a week went by and not hearing from Reporter Alexis Rivas Shear, Pastor

Mario contacted her by phone. During that call she stated she was afraid for her

life.

8. Sims was aware that at least one law enforcement officer supervised by Tim

Corbett in his position as St. Joseph County Metro Homicide Commander, had

previously harassed former South Bend Reporter Jacklyn Kelly to the point she

was forced to leave town. Corbett also encouraged his supporters to harass Pastor

3
20. Based on the force of the fabricated evidence by Tim Corbett, Plaintiff was

charged, prosecuted, and convicted of rape and criminal deviant conduct.

21. He was sentenced to 27 years in prison.

22. Never giving up on proving his innocence, Pastor Sims worked tirelessly to show

that he had absolutely nothing to do with this crime, including making Access to

Public Records Request to the South Bend City legal department.

23. Mrs. Karen DePaepe disclosed to South Bend City legal department at their

request, Pete Buttigieg, Mike Schmul as then Mayor Buttigieg's Chief of Staff,

City of South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw,

Cristal Briscoe (“ City Legal”), were aware that Corbett was racist and had

planted evidence to gain convictions of black defendants from their positions and

responsibilities in the City legal department, discovery in the tape case and from

direct questions they asked Karen DePaepe about the tapes contents, all in

violation of Indiana Code 35-44.1-2-2, Obstruction of justice, with Mike Schmul

threatening Mrs. DePaepe not to disclose that Corbett was racist and had set up

black defendants and Buttigieg lying to cover up his knowledge from Schmul and

City Legal of Corbett's racism and planting evidence.

24. Pastor Sims, because of the disclosures made in September 2019 by the Young

Turks article and Mrs. Karen DePaepe's WUBS FM radio interview in December

2019, that Mrs. DePaepe had informed Schmul, and the City legal staff members

of Corbett planting evidence and being racist, Pastor Sims learned after Mrs.

DePaepe's interview, he was not the first—nor the last person—that would be the

6
 South Bend City Legal staff, Stephanie Steele, Tasha Reed Outlaw, Cristal

Briscoe, and Ann-Carol Nash who were aware that Corbett was racist and had

planted evidence to gain convictions of blacks, suppressed exculpatory and/or

impeaching material by concealing the racism and planting of evidence, and had

a duty to inform Pastor Sims, but failed to do so and therefore violated Pastor

Sims due process right to be told about exculpatory evidence in accordance with

Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

36. Further the highly exculpatory and exonerating evidence and obstructed

investigations would have led to discovery of further exculpatory evidence.

37. The proposition that it is unconstitutional for law enforcement officers to

withhold or suppress exculpatory evidence finds its roots in Brady.

38. Pyle v. Kansas, 63 S.Ct. 177 (1942). held unconstitutional imprisonment resulting

from perjured testimony, knowingly used by the authorities to obtain a

conviction, and from the deliberate suppression by those same authorities of

evidence favorable to Pastor Sims. Brady, 373 U.S. at 86, 83 S.Ct. 1194 (quoting

Pyle, 317 U.S. at 215-16, 63 S.Ct. 177).

39. The United States Supreme Court concluded that the “suppression of potentially

exculpatory evidence was a violation of the Due Process Clause of the Fourteenth

Amendment.”  Brady, 373 U.S. at 86, 83 S.Ct. 1194.  

40. The fundamental principle at stake, it emphasized, is the “avoidance of an unfair

trial to the accused.”  Id. at 87, 83 S.Ct. 1194.

9
 Ritchie, 480 U.S. 39, 60, 107 S.Ct. 989, 94 L.Ed.2d 40 (1987).   The taint on the

trial that took place continues throughout the proceedings, and thus the duty to

disclose and allow correction of that taint continues.

53. It is worth recalling, in this connection, that the Brady rule was derived from the

Due Process Clause of the Fourteenth Amendment.  “Society wins,” the Court

wrote, “not only when the guilty are convicted but when criminal trials are fair;  

our system of the administration of justice suffers when any accused is treated

unfairly.” 373 U.S. at 87, 83 S.Ct. 1194.

54. Several circuits have recognized that police officers and other state actors may be

liable under § 1983 for failing to disclose exculpatory information to the

prosecutor․

55. Although Brady places the ultimate duty of disclosure on the prosecutor, it would

be anomalous to say that police officers are not liable when they affirmatively

conceal material evidence from the prosecutor.

56. The Supreme Court considers it so well established that the duty to disclose is one

held by the state or government as a whole that its most recent comment occurs in

a short per curiam opinion.   See Youngblood v. West Virginia, ---U.S. ----, 126

S.Ct. 2188, 165 L.Ed.2d 269 (2006).

57. Defendants Pete Buttigieg, as Mayor of the City of South Bend, Mike Schmul as

then Mayor Buttigieg's Chief of Staff, City of South Bend, City Legal staff:

Stephanie Steele, Tasha Reed Outlaw, Cristal Briscoe,( the defendant lawyers

engaging in dishonest, deceitful or fraudulent conduct, by obstructing Pastor Sims

12
 to opinions interpreting the Brady rule. United States v. Bagley, 473 U.S. 667,

682, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985). Under Brady, evidence is material

“if there is a reasonable probability that, had the evidence been disclosed, the

result of the proceeding would have been different.” Id. To prevail on a Brady

claim, a defendant must establish: (1) that the prosecution suppressed evidence;

(2) that the evidence was favorable to the defense; and (3) that the evidence was

material to an issue at trial.” Minnick v. State, 698 N.E.2d 745, 755 (Ind.1998)

(citing Brady, 373 U.S. at 87, 83 S.Ct. 1194), cert. denied, 528 U.S. 1006, 120

S.Ct. 501, 145 L.Ed.2d 387 (1999); Bunch v. State, 964 N.E.2d 274, 297–98 (Ind.

Ct. App. 2012). “Favorable evidence” includes both exculpatory evidence and

impeachment evidence. See Prewitt v. State, 819 N.E.2d 393, 401

(Ind.Ct.App.2004), trans. denied. Suppression of Brady evidence is constitutional

error warranting a new trial. Turney v. State, 759 N.E.2d 671, 675

(Ind.Ct.App.2001), trans. denied; Bunch v. State, 964 N.E.2d 274, 297–98 (Ind.

Ct. App. 2012).

62. The Defendants had favorable evidence, beginning in 2019, that they did not

disclose to Pastor Sims, that they knew would exonerate him.

COUNT. I– STATE LAW CLAIM INDEMNIFICATION

AGAINST THE CITY OF SOUTH BEND

63. Plaintiff incorporates ¶¶ 1-62 herein.

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