U.S. DISTRICT COURT Lawsuit alleges Fowler police chief paddled teen in diversion program

The suit seeks more than $200,000 in punitive and compensatory damages.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
YOUNGSTOWN -- A Vienna boy and his mother filed a lawsuit alleging that Fowler Township's chief of police violated the teenager's constitutional rights by paddling him as part of a juvenile diversion program.
Attys. Alan J. Matavich and Sarah Kovoor filed the lawsuit Tuesday on behalf of Richard Thomas Woolf and his mother, Carol Woolf, in U.S. District Court in Youngstown
The suit seeks more than $100,000 in punitive damages and more than $100,000 in compensatory damages.
The suit names Fowler Township, Trustees Tom L. Carr, James Haun and John Gallatin, and Police Chief James Martin as defendants.
Neither township officials nor Atty. Randall Weltman, who represents Martin, could be reached to comment.
The suit states that on Jan. 9, a township police officer arrested Richard on charges of speeding and driving without a license. The officer told the boy to tell his parents and then to contact the chief about being eligible for the diversion program, the lawsuit states.
Richard and his mother met with Martin on Jan. 10. Martin and Woolf agreed that Richard would take part in the program, the suit states.
First meeting
On Jan. 16, Richard went to the police department for his first probation meeting with Martin.
"During the course of the first probation meeting, Defendant Martin instructed plaintiff to drop his trousers, bend over and grab his ankles," the lawsuit states. "Defendant Martin then struck plaintiff three times on his buttocks with a paddle, inflicting visible injuries and physical and emotional pain."
The physical punishment constitutes a violation of Richard's constitutional right to be free from cruel and unusual punishment, the suit states.
At a press conference Tuesday at Kovoor's office, Carol Woolf said she allowed her son to take part in the diversion program because Martin told her that if she didn't, her son could face long-lasting consequences if convicted of the traffic charges.
"I told him I didn't like the part of the corporal punishment, but he told me that he has been doing this diversion program and it works," she said as tears filled her eyes. "I thought I was helping my son. I had no idea."
She said that when she picked up her son after his first probation meeting, he ran from the building and begged her not to make him return.
"He was very, very upset," Woolf said. She said when she noticed her son was bruised she called Kovoor.
"I did not want him to go back," she said.
Being investigated
Kovoor noted that federal and state officials are investigating Martin.
"We were told that videotapes were found," Kovoor said. "He apparently videotaped some of the paddlings. We will be asking for copies."
Martin was placed on unpaid suspension Monday, said Atty. Mark Finamore, the township's legal counsel.
Martin, who also is a captain in the Howland Township Police Department, also was suspended from his post there, said Police Chief Paul Monroe.
According to a 1993 internal investigation conducted by former Howland Police Chief Steve Lamantia, Martin had admitted paddling juveniles in the past.
Lamantia's investigation states that Martin admitted paddling about 20 juveniles at the Howland Township Police Department from 1975 to 1992. The paddlings were done as part of a juvenile diversion program, Lamantia said. Lamantia removed Martin as diversion officer Feb. 16, 1993.
sinkovich@vindy.com