FORT WAYNE, Ind. (WOWO): The first hearing in the lawsuit between the parents of a teenage volunteer at the Three Rivers Festival and Sheriff David Gladieux was held today.

In a brief hearing, the first since the lawsuit was filed on May 5, an attorney denied claims that the sheriff shoved a 15 year old boy – saying that the “allegations are rejected and denied by Sheriff Gladieux” and further said that “Sheriff Gladieux was not intoxicated.”

The Journal-Gazette reports that Brad and Erin Bullerman are suing Gladieux, alleging that he violated the 4th Amendment rights of their son when the sheriff allegedly shoved the boy, causing him to fall onto a metal stake.

Gladieux was charged with misdemeanor battery in the case. Gladieux attorney said that and and all force was reasonable and justified. The Bullermans’ attorney maintains that the Sheriff appeared intoxicated and strongly smelled of alcohol.