3rd teen files suit in paddling case

The lawsuit seeks more than $200,000.
& lt;a href=mailto:sinkovich@vindy.com & gt;By PEGGY SINKOVICH & lt;/a & gt;
VINDICATOR TRUMBULL STAFF
HOWLAND -- An 18-year-old high school honor student is the third person to file a federal lawsuit against a juvenile-diversion program that included the use of corporal punishment.
Michael W. Harrington of Trumbull Drive, Niles, filed the lawsuit in U.S. District Court Youngstown on Thursday stating Fowler Police Chief James Martin paddled him on five occasions and inflicted injuries and physical and emotional pain.
The suit names Martin, who is also a police captain in Howland, Howland Police Chief Paul Monroe and Fowler and Howland township trustees as defendants.
Neither Martin nor officials in Howland and Fowler could be reached to comment. Martin has been suspended from both jobs.
Howland and Fowler officials have said they were not aware that Martin was conducting the diversion program.
Attys. Alan Matavich and Sarah Kovoor, who represent Harrington, also represent two others who filed suit earlier this month stating that Martin violated their constitutional rights when he paddled them as part of the program.
About the lawsuit
Harrington's suit states that he was stopped July 15 by Martin in Howland for speeding and failing to use a turn signal. At the time, Harrington was 17, the suit states.
The suit further states that Martin placed Harrington in the township cruiser and stated that either he could get a traffic citation and go to court, thus facing the probable loss of his operator's license, increased automobile insurance rates, monetary fines and points on his driver's license, or he could enroll in the diversion program in Fowler.
Harrington chose to join the diversion program, the suit states. He was enrolled in the program from July 17 until January 17, the suit states.
Since the program used physical punishment, it constituted a violation of Harrington's Eighth Amendment right to be free from cruel and unusual punishment, Kovoor noted.
The suit further notes that Martin videotaped the paddling without Harrington's consent or knowledge.
Harrington is seeking more than $200,000 in damages.
& lt;a href=mailto:sinkovich@vindy.com & gt;sinkovich@vindy.com & lt;/a & gt;