WARREN POLICE Lawyer wants judge to reconsider case

By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
CLEVELAND -- An attorney representing five people who say they were assaulted by Warren police will be asking a federal court judge to reconsider his decision to dismiss their civil case.
Atty. Richard Olivito of Boardman said he plans to file a motion for reconsideration of the case as soon as possible.
Lea Dotson of Warren and four others filed the civil lawsuit in August. The five contend they were assaulted by police when officers raided a bachelorette party in August 2001.
"There are differences of opinion in the federal court because that same motion was filed in another judge's courtroom on another case and denied, but now Judge [Donald] Nugent granted it on this case," Olivito said.
In a one-line entry in U.S. District Court in Cleveland, dated Oct. 17, Judge Nugent granted Atty. Randall Weltman's motion to dismiss the Dotson lawsuit, stating only "motion granted without objection or opposition from any plaintiff." No specific reason was cited and the judge could not be reached.
"We are pleased it was dismissed," said Weltman, who represents the police officers. "I figured we would win this case but never thought it would happen so quickly."
Basis for dismissal
Weltman sought the dismissal because Olivito was not admitted to practice in federal court in the Northern District of Ohio when he filed the lawsuit Aug. 11.
Olivito said he subsequently applied and was admitted to practice before the court Aug. 27.
Judge John Adams, who is presiding over another Olivito case, denied the same motion from Weltman.
"I'm just really surprised that Judge Nugent granted this because I did a case in Virginia for four years and the federal district judge there didn't dismiss it and I was not admitted to practice there," Olivito said.
sinkovich@vindy.com