MAHONING COUNTY Judge drops lawsuit over deputy's firing

The deputy was asking for more than $2 million in damages from Major Budd.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A federal judge has thrown out a lawsuit against Major Michael Budd of the Mahoning County Sheriff's Department.
The suit was filed last year by Robert Russo, a deputy sheriff who was fired in March 2000 for improperly using the department's law enforcement computer to run Commissioner Vicki Allen Sherlock's license plate.
The department concluded that Russo ran the plate for political purposes and fired him. Russo appealed and has since been reinstated.
He filed the suit, saying Budd fired him in retaliation for the fact that Russo had supported former Sheriff Phil Chance in an election in which Chance defeated current Sheriff Randall Wellington.
The suit sought $2.25 million in damages.
Judge's ruling
Judge Peter C. Economus of U.S. District Court, Youngstown, ruled that as a government official, Budd is immune from being sued for acts committed while on the job, as long as that activity does not violate a person's statutory or constitutional rights.
He said it's Wellington, not Budd, who has the final authority to impose discipline within the department, so Budd is not responsible for Russo's firing.
The judge ruled that Wellington followed due process before firing Russo.
Budd said he and Wellington have worked to correct "a lot of personnel problems" within the department since Wellington took office. The suit, he said, was rooted in retaliation for that stance.
"We're not going to be intimidated by federal lawsuits," he said. "Obviously we don't like them, but we will defend ourselves against them."
bjackson@vindy.com