AKRON Suit against Warren denied dismissal

The attorney who filed the case was not admitted to practice at the time.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
AKRON -- A Warren man's federal lawsuit against the city of Warren, the police chief and several officers will not be tossed out of court.
Judge John Adams, who is presiding over Clarence Clay's case, has denied a motion filed by Atty. Randall Weltman, who asked for the case to be dismissed because Atty. Richard Olivito was not admitted to practice in the federal courts in the Northern District of Ohio when he filed it.
"The motion was probably denied because Olivito is now admitted to practice there," said Weltman, who represents the police officers.
Clay has said police beat him when he was arrested March 26.
Clay was arrested on charges of resisting arrest, obstruction of justice, failing to obey the order of a police officer and failing to stop at a stop sign.
Wednesday, a jury in Warren Municipal Court acquitted Clay on the charges of resisting arrest and failing to obey the order of a police officer. He was convicted of obstruction of justice and failing to stop at a stop sign.
Sentencing is scheduled for Monday.
Admitted to practice
Weltman also has filed a motion asking that the case of Lea Dotson and four others, who say they were assaulted by police when officers raided a bachelorette party in August 2001, be dismissed because Olivito was not admitted to practice when he filed the lawsuit Aug. 11.
That case is assigned to Judge Donald Nugent who has not ruled yet, according to Weltman and Olivito.
Weltman said he does not know when Judge Nugent may make a ruling.
Rules of the district court require attorneys to fill out an application, attend a seminar and pay $90 to be admitted to practice law there.
Olivito, of Boardman, said he subsequently applied and was admitted to practice before the court Aug. 27.
In June, Olivito vaulted to the center of brutality allegations against the Warren Police Department when he became a lawyer for Lyndal Kimble, whose videotaped arrest made national news.
Olivito said he has worked on significant civil rights cases in the past for clients as far away as Minnesota.
He said his work in Steubenville was partially responsible for bringing in federal oversight over the police department in that Ohio River city.
sinkovich@vindy.com