Just over three years ago, Robert Barr was charged with a felony count of battery on a public safety official and misdemeanor counts of domestic battery, resisting law enforcement and disorderly conduct.

The charges followed an Oct. 3, 2021, call to St. John Police. Laura Barr, Robert’s wife, said he was having a reaction to medication he was on at the time and he was suffering from anxiety and yelling.

“I feel bad about this to this day but I slapped him so he’d come around,” Laura said, adding the situation got worse and Robert called the police.

“He wanted someone to help him,” she continued.

What unfolded on that Sunday, according to the Barrs, was not the call for assistance they expected. The couple had already tangled with police after Memorial Day weekend in 2020 after a disturbance they said was caused by neighbors.

Unhappy with the officers’ response and what they said was increasing harassment from their neighbors, Laura Barr approached Police Chief Steven Flores and received what the Barrs said was little assistance.

Robert Barr’s criminal charges were ultimately dismissed after his attorney successfully argued that his Fourth Amendment rights had been violated when police forced themselves into his home without his permission and then arrested him. He has since filed a civil lawsuit in U.S. District Court in Hammond against the town and police officials using the same argument.

Robert and Laura Barr said they have lived in St. John’s Bramblewood subdivision for almost 21 years but now feel unsafe in their neighborhood.

“We feel very isolated,” Laura Barr said during an interview shortly before Thanksgiving in the couple’s home. “It’s been very stressful.”

Joe Svetanoff, attorney for the town of St. John, declined to comment, citing pending litigation. In court filings, attorneys for the town’s insurance company have denied Robert Barr’s claims.Though the Barrs are asking for a monetary judgment, “it’s not what they need,” Patrick McEuen, the couple’s attorney, said in a phone interview, adding of town and police officials, “I don’t believe that they’re ever going to concede that they ever did anything wrong to these folks.”

If a legal argument that police violated Robert Barr’s Fourth Amendment rights was strong enough for a judge to dismiss the criminal charges against him, McEuen said, “it should not be this difficult” to win in federal court as well.

The arrest

When police arrived at the Barrs’ home on that Sunday in October, Robert went out on the porch to talk to them. The Barrs said Officer Arthur Sandaker went past Robert and into their home without asking permission.

According to a July opinion and order filed by the federal judge assigned to the case at the time, “After Officer Sandaker entered the residence, he left the door open. Mr. Barr tried to close the door to keep his dog inside. Believing that Mr. Barr was a threat to Officer Sandaker, Officer Adams grabbed Mr. Barr’s arm to prevent him from closing the door. Officer Sandaker came out and began tussling with Mr. Barr.”

“This was scripted,” Robert Barr said, adding police weren’t even on his porch for two minutes “and they assaulted me.”

The Barrs said the two officers had Robert pushed against the brick on the porch. His glasses broke, his face got scraped up, he suffered lacerations and cuts to his left elbow and shoulder, his thumb was injured and he suffered a herniated disc.

The Barrs said a third officer, Brett Sidenbender, was parked down the block. They had previously interacted with him after Memorial Day weekend the previous year and that interaction prompted Laura Barr to reach out to the police chief.

Police put Robert, 56, an information technology professional, in Sidenbender’s squad car and took him to the Lake County Jail in Crown Point, where he spent the night.

“Each of these charges was manufactured. I did nothing wrong,” Robert said.

Laura, 55, an administrator, told police Robert blocked her arm after she slapped him. “He didn’t beat me,” she said.

About a year and a half after Robert Barr’s arrest, on April 20, 2023, his attorney, Maryam Afshar-Stewart, filed a motion to dismiss the case in Lake Superior Court.

The arrest, Afshar-Stewart argued, violated Robert Barr’s Fourth Amendment rights against unreasonable search and seizure and arrest without probable cause under the U.S. Constitution, as well as his rights under the state constitution.

Law enforcement’s entry into a home is permissible in three instances, the attorney said in the motion: when the resident or homeowner provides consent; when a search warrant has been issued for the residence; or when there are “exigent circumstances,” like when a suspect is about to flee, evidence could be destroyed or there’s been a violent crime and victims might need assistance.

None of those parameters were met that Sunday in October when police arrived at the Barrs’ home, Afshar-Stewart wrote. Additionally, Robert Barr’s actions when police arrived at his home were reasonable under state code.

“As a matter of law, the facts presented here do not support a conviction for any of the charges that have been filed against Mr. Barr. In fact, the arrest and subsequent charges occurred only after Mr. Barr exercised his statutory right under Indiana Code” and his constitutional rights, she wrote, adding later, “There is nothing more fundamental than an individual’s right to be free from governmental intrusion into their home.”

A few days after Afshar-Stewart filed her motion, the judge assigned to the case dismissed it. Robert Barr’s criminal record was expunged a few months later.

The lawsuit

On Oct. 2, 2023, the Barrs filed a civil lawsuit in federal court against the town of St. John, its police department, Police Chief Steven Flores, and three officers.

The suit claimed that the arrest violated the Barrs’ Fourth Amendment rights; that police conspired to violate Robert Barr’s rights; and that Robert Barr was subject to false arrest and false imprisonment, among other charges.

The suit, later amended to drop Laura Barr as a defendant and the police department as a plaintiff, requests a jury trial and unspecified financial compensation.

In a July 24 order and motion. U.S. District Court Judge Jon DeGuilio further limited the scope of Robert Barr’s lawsuit, dismissing one of the counts completely and partially dismissing others.

“(T)o back up his claim of a widespread policy of constitutional violations by the police Mr. Barr’s complaint invokes a single incident sixteen months previous; an incident that bears little resemblance to the alleged constitutional violations in October 2021,” the judge wrote.

The case has since been reassigned to Senior Judge James Moody.

McEuen, the Barrs’ attorney in the civil case, is preparing for trial or a potential settlement; no trial date has been scheduled yet, and the online docket notes that because of a case backlog, the disposition of the case one way or the other is likely to be delayed.

One of the officers involved, Sidenbender, never showed up to give a deposition in the criminal case against Robert Barr, according to the civil lawsuit.

“It’s compelling to me that the police department could not compel its officers to provide a deposition for what happened on the Barrs’ porch that day,” McEuen said, adding that appears to be an admission that police actions at the time are indefensible.

Additionally, as Laura Barr noted before the town’s June 12 police commission and the town council on June 29, town officials went on to promote two of the officers named in the Barrs’ lawsuit. Sandaker was promoted to corporal and Adams was hired as the town’s fire chief.

The promotions came after town officials were served notice of the civil lawsuit, she said, according to a video of the police commission meeting on YouTube, and even though three police officers and the police chief were “complicit in a violation of my husband’s civil rights in October 2021.”

“What’s difficult for the Barrs is, they were promoted,” McEuen said.

alavalley@chicagotribune.com