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Before we dive deeper into this topic, it's essential to clarify a common misconception. As defined by Cornell Law School, "Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone." Many people have incorrectly concluded that "South Bend Common Council Vice President Sheila Niezgodski did not assault Redress South Bend," when the accurate statement would be, "South Bend Common Council Vice President Sheila Niezgodski did not commit battery." However, it is important to recognize that South Bend Common Council Vice President Sheila Niezgodski created a scenario in which a reasonable person would fear imminent harm. Mr. Foster feared imminent harm, and Mr. Foster still fears imminent harm to this day. If South Bend Common Council Vice President Sheila Niezgodski could attack Mr. Foster in the Council Chambers in front of three police officers, members of the public, video cameras, and her peers on the South Bend Common Council, what could/would she do to Mr. Foster or any other member of the public in a more private setting?
South Bend, IN — The small industrial city of South Bend recently witnessed an incident that has sparked widespread concern and calls for accountability among its leaders. On May 13, 2024, Sheila Niezgodski, Vice President of the South Bend Common Council, assaulted Logan Foster, a disabled resident and member of the media, during a confrontation she created in the Council Chambers (on the 4th floor of 227 W Jefferson Blvd South Bend, IN 46601.) The incident occurred at the conclusion of a council meeting and was witnessed by several onlookers, including three police officers, council members, and members of the public. A police report was filed that night.
Background of the Investigation
Logan Foster, the owner of Redress South Bend L.L.C., has dedicated the past nine months to carefully inspecting the activities within the South Bend Common Council, the Mayor’s Office, and other local institutions. His investigative journalism recently led to the unearthing of several stories, one of which prominently featured Indiana State Senator David Niezgodski.
Mr. Foster's reporting triggered significant regional attention, earning coverage in major outlets such as IndyStar, WVPE, and the South Bend Tribune. Articles based on, and that came after, Mr. Foster’s reporting exposed Indiana State Senator David Niezgodski's sexual harassment of a female staffer and an $8,000.00 Non-Disclosure Agreement for the young woman's silence. Mr. Foster also exposed Indiana State Senator David Niezgodski's planned campaign fundraiser at a local Catholic parish’s event center. Conducting such a campaign event on church property could have posed risks to the parish’s non-profit status and could have suggested an apparent endorsement by the Catholic Church. After the Redress team exposed the event, the parish authorities swiftly canceled the fundraiser.
The Heated Confrontation
Continuing his relentless pursuit of transparency, Mr. Foster turned his attention to the business dealings of Niezgodski Plumbing, a company once legally owned by Indiana State Senator David Niezgodski (a company that Indiana State Senator David Niezgodski is still listed as the company's registered agent and the company still uses licenses signed by David Niezgodski today.) Mr. Foster unearthed a specific nondiscrimination clause within one of the company’s contracts with the City of South Bend. The clause mandated equality in employment practices and prohibited various forms of discrimination and intimidation: "Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract."
2024 Niezgodski Plumbing Contract with the City of South Bend
Please note that David Niezgodski's name and signature are used multiple times in the 2024 Niezgodski Plumbing contract with the City of South Bend.
2018 Niezgodski Plumbing Contract with the City of South Bend
Notice Indiana State Senator David Niezgodski specifically mentions the "non-discrimination commitment form" that Mr. Foster will eventually address in 2024.
Mr. Foster intended to question whether the City should investigate a potential breach of this contract in light of previous allegations of sexual harassment leveled against Indiana State Senator David Niezgodski. These allegations, which surfaced in 2017, claimed that Indiana State Senator David Niezgodski had harassed a female employee to the extent of entering her home uninvited, bombarding her with text messages, and leaving drunken voicemails. Indiana State Senator David Niezgodski's harassment was so intolerable the young woman was forced to quit her job to escape Indiana State Senator David Niezgodski's advances.
During the meeting, as Mr. Foster began to present his findings during privilege of the floor, Mr. Foster was abruptly interrupted by South Bend Common Council Vice President Sheila Niezgodski, who yelled, "Quit badgering my (Niezgodski's) family!" The situation escalated further when, at the meeting’s adjournment, South Bend Common Council Vice President Sheila Niezgodski approached Mr. Foster, making volatile and coercive demands and threatening Mr. Foster with physical harm by raising her hand to Mr. Foster's face. South Bend Common Council President Sharon McBride interceded and physically pulled South Bend Common Council Vice President Sheila Niezgodski away from Mr. Foster.
South Bend Common Council Vice President Niezgodski's Assault
Mr. Foster's Privilege of the Floor
How Much Money Has Niezgodski Plumbing Received From the City of South Bend? From 11/20/18 - 04/16/24 (approximately 5.4 years), Niezgodski Plumbing received total payments of $3,832,603.88
Here is the breakdown by year (you can also do your own breakdown from the public records request attached):
2024 (Jan-April 16th): $183,701.09
2023: $771,889.91
2022: $776,988.67
2021: $693,367.72
2020: $679,600.47
2019: $702,594.03
Did You Know? South Bend Common Council Vice President Sheila Niezgodski is the Chairperson of the Personnel & Finance Committee and the Public Works and Property Vacation Committee.
Why is this important? Keep this in mind when you consider how much money the Niezgodski Plumbing company has been awarded over the years from the City of South Bend.
Police Response Under Scrutiny
The aftermath of the incident raised serious concerns about the response of the South Bend Police Department officers present. (Captain Tomar Thomas 2085, SGT Daniel Demler, PH Morgan, One Unnamed Officer) Captain Thomas was outside when the incident occurred, but he was involved in the reporting process and my phone calls thereafter. Despite witnessing the confrontation, the officers initially showed reluctance in addressing Mr. Foster's demand to file a police report. Instead, they engaged in a heated exchange with the journalist and questioned whether Mr. Foster was armed, despite Mr. Foster having passed through the metal detectors to enter the building.
This incident has prompted calls for a thorough investigation into both the assault and the conduct of the officers at the scene. The implications of South Bend Common Council Vice President Sheila Niezgodski’s actions and the police’s response have spurred discussions on accountability within the city's governance.
Amidst a backdrop of increasing scrutiny of police practices nationwide, the case of Mr. Foster in South Bend highlights troubling inconsistencies. For over three weeks, Mr. Foster has been unable to obtain a copy of his police report, a departure from standard operating procedures that stipulate victims can acquire their reports on the spot for a nominal fee.
Unlike the usual categorization of individuals involved in such incidents, the South Bend Police Department (SBPD) designated Mr. Foster not as a victim but as a "participant.” Such a designation has effectively blocked him from accessing his own report. This decision raises significant concerns: if Mr. Foster isn’t the victim, who is? SBPD Captain Thomas’s statement to Mr. Foster—that Mr. Foster should not worry about being labeled a "participant”—only adds to the confusion. We need to ask what exactly Mr. Foster "participated" in. The video proves Mr. Foster’s passive role as he endured an assault and verbal abuse from South Bend Common Council Vice President Sheila Niezgodski. Mr. Foster did not strike back; he did not yell at the Councilwoman; he simply exercised his constitutionally protected rights to redress his government.
Following advice from the South Bend Police Review Board, Mr. Foster sought to file a new report, citing intimidation by South Bend Common Council Vice President Sheila Niezgodski. However, this effort hit a wall when the SBPD not only refused to file the new report but initially opted not to incorporate the new information into any existing documents. Further justifying Mr. Foster's request to meet with a supervisor. You can watch that below:
This incident underscores pressing issues regarding police procedures, officer conduct, and the broader question of accountability within civic institutions. The strategic omissions in police paperwork, alongside the defensive and non-cooperative stance of the officers involved, necessitate a comprehensive investigation. Ensuring transparency and integrity within law enforcement and governmental operations is crucial to maintaining public trust and the fair administration of justice.
The Coverup?
On Friday, May 31, 2024, a little over two weeks after the events described in this article initiated by South Bend Common Council Vice President Sheila Niezgodski, an email from Niezgodski's account was observed to have an updated auto-reply message indicating her forthcoming six-plus-week vacation. The situation raises questions regarding the nature of this absence—whether it was prearranged or a consequence of disciplinary actions. View the message below:
We at Redress hope that Common Council Vice President Niezgodski has a restful vacation filled with introspection, a six-week course of anger management treatment, or whatever other help she might need to be most effective in serving our community. To wish her well, check on her status, get items on her calendar upon her return, or ask her for her ideas on this incident, email her at her very Common Council email address right here.