$65,000 Settlement for Ohio Man’s Fourth Amendment Claims Against Put-In-Bay
$65,000 Settlement for Ohio Man’s Fourth Amendment Claims Against Put-In-Bay
Put-In-Bay Township and Put-In-Bay Village have agreed to pay Brad Ohlemacher $65,000 to settle his Fourth Amendment, use of excessive force, claims arising from police officer conduct. Other conditions of the October 5, 2012 settlement include an apology letter to Ohlemacher and the additional officer training.
A resident of the Put-In-Bay neighborhood, where 48-year-old Ohlemacher lived, allegedly complained that Ohlemacher owned a water feature that was too noisy. A police officer was consequently sent to Ohlemacher’s home. Ohlemacher, after allegedly telling the officer to leave, was arrested and charged with resisting arrest and obstruction of justice, but was later cleared of the charges.
In 2011, Ohlemacher filed suit in an Ohio federal court, raising claims of unlawful entry, false imprisonment, false arrest, malicious prosecution, the use of excessive force and assault and battery. Ohlemacher claimed that while he had been in his pool, the police officer, without probably cause or a warrant, approached him, forcible pulled him from the pool, handcuffed him and arrested him. Ohlemacher further alleged that the officer dragged him and used of excessive force, causing injuries, including bruises, abrasions, and a laceration on his face that required medical attention. Ohlemacher sought damages for his injuries and mental anguish.
The defendants at no time admitted liability, defending the conduct of their officer, even as they agreed to settle.
Brad Ohlemacher was represented by Dennis R. Lansdowne and Nicholas A. DiCello of Cleveland, Ohio. See: Ohlemacher v. Village of Put-In-Bay, U.S.D.C. (N.D. Ohio), Case no. 3:2011-cv-01080.
Source: The Ohio Trial Reporter
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Related legal case
Ohlemacher v. Village of Put-In-Bay
| Year | 2012 |
|---|---|
| Cite | U.S.D.C. (N.D. Ohio), Case no. 3:2011-cv-01080 |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 65,000 |