A division chief at the South Bend Police Department has filed a lawsuit against a man who allegedly injured him during an arrest two years ago at Notre Dame stadium.
Gary Horvath and his wife, Byra Warner, are seeking unspecified damages in St. Joseph Superior Court for Horvath’s lost wages, injuries, and medical expenses.
Horvath filed the lawsuit in September, and last week a judge set trial for March 18, 2013.
The incident occurred on Oct. 24, 2009, when Horvath, working security as a police officer at a Notre Dame football game, attempted to arrest Brian Rush. (Court documents do not indicate what prompted the arrest.)
Rush allegedly resisted arrest and was intoxicated, according to Daniel Pfeifer, Horvath’s attorney.
Several officers were involved with Rush’s detainment, and as Horvath attempted to get control of Rush, Horvath injured his back. Horvath blames the injury on the “carelessness and negligence” of Rush.
Horvath “aggravated and injured an old injury,” Pfeifer said.
Rush denies that he caused Horvath’s injury.
In a response filed in December, Rush’s attorney argued that Horvath’s injuries may have been caused by others involved — such as “the officers who participated in the takedown and detention of (Rush) and … the University of Notre Dame and the South Bend Police Department.”
Court records show that Rush was never charged with a crime. There is no record of him ever being in the St. Joseph County Jail, according to county police spokesman William Redman.
Rush’s attorney, Christopher McGrath, declined to comment for this story, saying, “Our firm’s policy is not to discuss matters pertaining to our clients.”