FHKAD Attorneys Dan Downey and Frank Hatfield received summary judgment on behalf of the Brown County Prosecutor's Office. Five officials with the Ohio Department of Natural Resources Department of Wildlife (ODNR) sued the Brown County Prosecutor alleging, among other accusations, that the Brown County Prosecutor subjected them to a malicious prosecution, falsified evidence, and conspired [...]
Dan Downey and Paul Bernhart recently received summary judgment on behalf of the Licking County Sheriff's Office in a jail suicide case. William Overbey committed suicide while incarcerated in the Licking County Justice Center awaiting trial on domestic abuse charges. Overbey was placed on "potential suicide risk" by a jail deputy and evaluated by a [...]
Attorneys Marc Fishel and Paul Bernhart had a Court of Appeals affirm a decision awarding summary judgment to the City of Sandusky in an employment discrimination case brought by a former City firefighter. The firefighter was diagnosed with a neurological disorder in 2004 and disclosed the diagnosis to his supervisors. By 2008, the Assistant Fire [...]
Dan Downey and Paul Bernhart received summary judgment on behalf of a former Meigs County Sheriff’s Deputy in a federal lawsuit alleging Fourth Amendment violations. The case involved law enforcement officers seizing “potpourri” (synthetic marijuana) from Plaintiff’s roadside stand in August, 2011. Ohio passed a law criminalizing synthetic marijuana in 2011, however the law did [...]
On November 14, 2014, David Riepenhoff and Daniel Downey received a jury verdict in favor of two Licking County, Ohio Sheriff’s Detectives. The case was Jacqueline Valentino v. Jeff Packard, et al. In the case, Mrs. Valentino alleged the officers violated her Fourth Amendment rights and Indiana Law when they interviewed her as part of [...]
On June 3, 2014, the Sixth Circuit affirmed the District Court’s dismissal of all claims against the Gallia County Board of Commissioners, the County Public Defender Commission, and the County Criminal Defense Corporation (hired by the County and the Commission to provide public defender services). See Bright v. Gallia County, et al., Case. Nos. 13-3451/13-3907. [...]
The City of Trention received an arbitration award that was summarized and published in the LRIS Public Safety Labor News' September 2013 Newsletter. Check out the summary on page of 6 by clicking here.
Fishel Hass received a favorable Arbitrators Award from Arbitrator Silver. The Teamsters challenged the Jackson County EMS’ ceasing of sick leave benefits to part-time employees upon the ratification of this first contract between the parties. The Union argued that: (a) past practice was to provide these benefits to part-timers, (a) the Union never intended to [...]
In Bright v. Gallia County, et al, 2:12-CV-00800-JLG-EPD, Bright, a former Gallia County Assistant Public Defender, brought suit alleging that the County Commissioners and the County Public Defender Commission had a constitutional obligation to prevent a local judge from removing him from all felony criminal cases in the Gallia County Court of Common Pleas. Bright [...]
The Third Appellate District Court held that as the appointing authority a County Home Administrator has the authority to remove employees despite an employee handbook stating the county commissioners are the appointing authority. Lawrence v. Hardin Hills. Ohio App. 3rd Dist. Case No. 6-12-13 (May 20, 2013). The Hardin Hills Office Manager was removed from [...]
