FDAR attorneys, Daniel Downey and Melanie Williamson, secured a defense verdict in federal court in the United States Southern District of Ohio following a six-day jury trial. The jury found that the Delaware County Sheriff’s deputies represented by FDAR did not violate the Plaintiff’s constitutional rights.

The case stemmed from events that took place on September 30, 2015 when deputies from the Delaware County Sheriff’s Office responded to a call alleging death threats had been made by one neighbor against another. After investigating, the deputies determined that there was probable cause to charge the individual involved; however, the individual was no longer at the scene. Further complicating the situation, this individual had made prior threats toward law enforcement and was a CCW holder.

When a deputy engaged this individual to effectuate an arrest his lawful commands were ignored and the individual retreated into his home. The deputy followed the individual into his home. Additional deputies arrived on scene to assist. The individual continued to ignore the commands of officers, physically resisting officers and reaching toward his waistband. The individual was tased, restrained and placed under arrest.

After a six-day jury trial, the deputies prevailed on each claim brought against them, including unlawful entry, unlawful arrest, excessive force, and fabrication of evidence. By the time this case proceeded to trial all claims against the Sheriff’s Office had been dismissed.

The attorneys at Fishel Downey Albrecht & Riepenhoff, LLP routinely defend law enforcement agencies and their employees in federal court. If you have any questions about this case or any other matter, please contact Daniel Downey (ddowney@fisheldowney.com) or Melanie Williamson (mwilliamson@fisheldowney.com) by email or phone at 614-221-1216.