LAWSUIT: Girl asks for $150k after viral South Whitley traffic stop
Mar 14, 2025
SOUTH WHITLEY, Ind. (WANE) -- Just over a year after a South Whitley traffic stop went viral, the young woman pulled from the car is filing a lawsuit against the Town of South Whitley and the arresting officers.
In the lawsuit filed with the U.S District Court Friday by 18-year-old Vivian August
us, the young woman pulled from the car, claims the officer falsely arrested her and she was subjected to a wrongful strip search at the jail in January of 2024.
Named in the lawsuit is the Town of South Whitley, former officer Brian Schimmel, the arresting officer, and the Whitley County Sheriff Jason Spencer and unknown confinement officers.
It was announced by the South Whitley Police Department, that Schimmel was no longer with the police department due to public safety in April of 2024. It was never confirmed if it was in connection to the viral video.
South Whitley police officer in viral video no longer on the force ‘due to public safety’
According to the lawsuit filed, Augustus claims that former officer Brian Schimmel falsely arrested her for going seven miles per hour over the posted speed limit, resisting and failure to identify and then using "unreasonable and excessive force."
The lawsuit also claims that Augustus was "unconstitutionally" subjected to a strip search and body cavity check, as she was stopped for speeding and was released after booking. The lawsuit claims that Augustus was never placed into general population, which would constitute the strip search. According to the lawsuit, the strip search was done without a judge's approval or authorization.
The lawsuit claims that Augustus was devastated and physically and emotionally broken as a result of the strip search.
Augustus is also seeking compensatory damages from the Town of South Whitley, for failure to investigate or perform a background check on Officer Schimmel.
Augustus is seeking damages for emotional distress, humiliation, and embarrassment as a result of the search by the unnamed officers.
Augustus is asking for no less than $150,000 in compensation for those named in the lawsuit.
You can find Augustus's full recount of the events and the full lawsuit down below.
SouthWhitleyLawsuitDownload ...read more read less