MAHONING COUNTY Judge dismisses suit over deputies' firings

The statute of limitations had expired on most of the claims, a judge said.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A federal judge has tossed out a lawsuit that had been brought against the Mahoning County Sheriff's Department by two former deputies.
Jeff Chance, a brother of former Sheriff Phil Chance, and Dennis Bruner had filed the suit last December. It was scheduled for trial next month, but Judge James S. Gwin of U.S. District Court, Akron, dismissed it Wednesday.
The reason
Judge Gwin said the statute of limitations had expired for most of the claims brought by Chance and Bruner.
"We never had any doubt that there was no merit to these complaints," Sheriff Randall Wellington said. He and Maj. Michael Budd were defendants in the suit.
Chance and Bruner were each fired from the department at separate times and for separate violations, and both were rehired under court orders. Wellington said both have since resigned.
The men sued, alleging they were mistreated and fired because of their support for Phil Chance.
But Judge Gwin pointed out that Jeff Chance was fired by Wellington in October 1999 after pleading guilty to two misdemeanor counts of falsification.
"Jeff Chance's criminal record, not his exercise of constitutional rights, prompted the defendants" to fire him, the judge wrote in his ruling.
Chance's suit also alleged that Wellington defamed him by calling him "dishonest" and a "rogue cop."
Judge's ruling
Judge Gwin ruled that because of Chance's conviction for falsification, "Any statement that he was dishonest is true."
The "rogue cop" comment was chalked up to a statement of opinion, not fact, so there was no wrongdoing.
Bruner had been terminated in 1999 because of a domestic violence verdict against him, which left him unable to carry a gun.
Bruner argued that he was treated differently from other deputies who are unable to carry a gun for various reasons yet were able to work in the jail, where guns aren't worn.
In a footnote of his ruling, Judge Gwin said there is evidence that Bruner was treated "disparately," but it was a moot point because his complaint was not filed until nearly three months after the statute of limitations for such claims had expired.
From the suit
Bruner also said in the suit that Wellington defamed him by telling reporters that he beat his wife, but Judge Gwin said Bruner offered no proof of those comments.
That complaint, likewise, was filed too late anyway, the judge said, noting that the statute of limitations had expired more than 14 months before.
"This was a big victory for Sheriff Wellington," said Atty. Jeffrey Stankunas of Columbus, who represented the county.
Atty. Thomas W. Hardin of New Philadelphia, who represents Chance and Bruner, could not be reached to comment.
bjackson@vindy.com