Federal lawsuit against South Bend in connection with 2024 officer-involved shooting moves ahead

ABC 57

SOUTH BEND, Ind. -- A man injured in a 2024 officer-involved shooting has filed a federal lawsuit against the City of South Bend and former SBPD Officer Emanuel Garcia, alleging violation of the 4th and 14th amendments, and for common-law battery.

The suit also alleges the city is liable on the basis of their training and actions regarding Garcia.

The plaintiff, Antoine Minor of Pasadena, California, suffered multiple gunshot wounds according to documents in the suit.

On Sept. 18, the court granted the City of South Bend's motion for partial judgement on the pleadings and Minor must file an amended complaint within 30 days of the order granted.

Minor has until Oct. 18, to file the amendment complaint.

This occurred on Sept. 1, 2024, near the intersection of Washington and Wellington Streets, where South Bend police responded due to reports of a loud gathering of about 50 people.

Minor states in the lawsuit that he was near his vehicle when gunfire broke out, at which point he attempted to drive away.

The suit states that's when Garcia saw Minor driving away and fired at least seven rounds at the vehicle, striking Minor, and sending him to the hospital.

Minor was said to be unarmed at the time of the incident according to court documents.

Minor was subsequently charged with Possession of Narcotics, a Level 3 Felony, Possession of Marijuana, a class B Misdemeanor, and Dealing in Marijuana, a class A Misdemeanor.

The St. Joseph County Police Department and the Mishawaka Police Department then began an investigation into the officer-involved shooting.

In February 2025, Garcia was arrested for and later found guilty of Domestic Battery committed in the presence of a child less than 16 years old, a Level 6 Felony, and Resisting Law Enforcement-Defendant draws a weapon, a Level 6 Felony, leading to his termination in October 2025.

Garcia is no longer eligible to become an officer in Indiana due to the charged he was convicted of.

Garcia was sentenced for 2 years for Domestic Battery committed in the presence of a child less than 16 years old. He has a jail credit of 5 days and is suspended for 1 year and 360 days.

For Resisting Law Enforcement-Defendant draws a weapon, he was sentenced for 2 years, with a jail credit of 5 days and is suspended for 1 year and 360 days.

You can read the full lawsuit filings below:

First Warning Neighborhood Weather

Close