can village in ohio be sued for police misconductohio

[tcohio]

What is the name of your state? ohio can a village be sued for the misconduct of its police officers? My mentally handicapped son was assaulted and terrorized by a police chief for the hell of it. He had a power issue. There was a witness and our case is set for civil court. Now the villages lawyers are claiming that the village has immunity from prosecution. They were aware of this chiefs actions and did nothing to stop him. my son was not in trouble for anything.

 

[dequeendistress]

For your civil litigation have you retained an attorney?

What is your question? I believe you are referring to immunity for the police department in law suits.

Did your son do anything at all which an officer may have deemed as threatening or other cause for action within the normal scope of said officer's duties? For the enforcement of law and for protection of the officers and the citizens they serve the police are authorized a zone of
protection for making the difficult, on the spot decisions required in their discharge of their official duties. Without this zone of
protection, the police cannot effectively protect the public or their fellow officers from harm.

 

[tcohio]

sue village or police?

no my son was visiting the police station as he did often and this chief decided to play around with him and asked him some questions about things going on in the town. When my son said he didnt know anything, the chief cussed at him and my son cussed back and the chief didnt like it so he threw him into a wall and would not let him leave. My son was 13 at the time. He threatened him with marijuana and a stun gun if he told anybody what happened. we found out 7 mos. later when the witness who was afraid of the chief finally told us. the witness was another officer. they fired him and are making him out to be unreliable. also the prosecutor in our criminal case which we lost was also the villages lawyer. A real peyton place from hell. My son has been diagnosed with post traumatic stress syndrome from this. I really need justice for him. help! yes i have a lawyer but he is working to see if there is any way to include the village or the police dept. in the suit. Also the town let this man resign and hired him as our village administratrator which he still is.

 

[dequeendistress]

Unreal.

 

[hexeliebe]

There is nothing in Ohio Statues which precludes the City as being named as co-defendant. In fact, there are many lawsuits against Ohio Cities and the police departments they operate.

The police officer is both an agent for the department and of the city for which he is employed. As such, the city shares responsibility for his actions. And liability.

The onus is on you however, to prove that the city knew of or had reason to know of the officer's actions and did nothing to correct them.

Let your attorney handle it.

 

[dequeendistress]

I find the situation unsettling, sorry.

If the officer was acting within the scope of the law, then where is the basis for the suit? That would also have to be proven???

Why the heck would a chief subject someone to what is claimed?

I think I shall go write some reports just so I do not tick anyone off.


Contact the ACLU, if there is anything to this, then the police dept may have to sign a MOA, in the least if there is ANY truth to these claims, it will be investigated and they will have to implement or revise policy.

Ciao.

 

[hexeliebe]

Sorry to disappoint you deQueen but during my four years as a reporter (and two of them owning a newspaper) I helped put a district attorney, a city manager and two police officers in prison for just this type of behavior.

It doesn't happen every day thank goodness, but IF it happened in this situation then the city can be held liable.

 

[dequeendistress]

Agreed, Hexe.


I hope the poster replies as to what the actual outome is.

Partially my negativity is from the posters comment: Quote "yes i have a lawyer but he is working to see if there is any way to include the village or the police dept. in the suit." Since the original post stated the case is set for court, unless it is set for a date SOMEWHAT in the future...ahhh well...

 

[hexeliebe]

Well, let's just wait and see.

 

[dequeendistress]

Good idea

What do you think about the writer contacting the ACLU Hexe?

 

[tcohio]

ohio village

this incident did happen . In fact I also have documents of the same man doing the same thing 5 months later with sheriffs reports and witness reports. The mayor and this chief are masons together. this chief was fired from a sheriffs office before he came to work here for a number of infractions. is that enough to hold the town liable. i also have letters to our local sheriff from other officers who quit due to this chiefs actions. believe me now?

 

[dequeendistress]

Look I did not say I did not believe you.

What you described is unbelievable because it is horrible. I will not state that I am unaware that situations as you state do not and will not occur, but it appears to me that you are taking this on a local level.

Have you contacted any agency such as Department of Public Safety, the ACLU, Prosecuting Attorney's office, Attorney General for your state, etc...Exactly what HAS your attorney done for you????

Horrid.

If the city was aware of the situation as you state and there was no cause for this behavior, albeit I do not see how there could be justifiable cause as you describe the events, YES they are and would be deemed liable.

 

[tcohio]

ohio village

the court date is set for march but the towns lawyer is trying to get a judge to rule on whether the town can be included in the suit. I am just trying to help my lawyer with other info that he can include in his answer to the judge as to why the town should be liable. I didnt want money in the beginning. I wanted my son to see justice done but when the criminal case was completely mishandled (on purpose) and we lost I had to do something to try to get justice and now money is the only recourse I have. also the police dept is included because my son was assaulted numerous times and the police did nothing about it. reports were filed and witness wrote statements and nothing happened. My son was even treated on a life squad and 2 cops came to the house and got statements and still nothing.

 

[dequeendistress]

When what criminal case was purposely mishandled?

 

[tcohio]

ohio village

this happened in may 2001. we went to criminal court in july 2002. The chief was found innocent. The prosecutor was also the villages lawyer . we asked if this was proper and was told that he could be fair. he never objected once , and I was not allowed to bring anybody as a witness unless they were an eyewitness.The other l awyer had all kinds of people that were just character witnesses and people that talked to somebody etc. i was questioned about my finances and it was implied that this was a lie and i just wanted money. also my son has problems remembering things and they were turning everything around on him and records and statements that the prosecutor had were never brought out. things like that.