BOARDMAN Man sues cops over scuffle

The lawsuit was filed this week.
By JOHN W. GOODWIN JR.
and PATRICIA MEADE
VINDICATOR STAFF WRITERS
BOARDMAN -- A Youngstown man involved in a scuffle with township police that left one officer injured has filed a lawsuit against four township police officers and the chief of police.
In a lawsuit filed this week in Mahoning County Common Pleas Court, David T. Riley, 37, of Glenwood Avenue, is asking for more than $500,000 in damages stemming from his Feb. 25, 2003 arrest.
The suit names township police officers Anthony J. Ciccotelli, Johnathan Martin, Albert Kakascik, Eric Karelin and Police Chief Jeffrey Patterson.
Riley had been stopped in February 2003 on Midlothian Boulevard for traffic violations. Although pursued by township police on the south side of Midlothian Boulevard, which is in Boardman, Riley pulled into a parking lot on the north side of the street, which is in Youngstown.
According to the lawsuit, Riley says he was sprayed with a chemical spray, choked, knocked to the ground, beaten with flashlights and other weapons, and hit with fists and feet. The suit also says Riley was denied medical attention by the officers after he was arrested.
During the scuffle, officer Karelin was injured. The bone above Karelin's left ankle was crushed when he assisted in the arrest.
Karelin wears a leg brace and participates in physical therapy three times a week. Karelin, who has had surgery, remains off work and needs two more surgeries.
Charges
Charges against Riley were initially filed in Mahoning County Court, Boardman. The charges included felonious assault on a police officer (three counts), obstructing official business, resisting arrest, having no valid driver's license, and other traffic violations.
Felony assault charges that were filed against Riley in Youngstown were dismissed in April 2003 when a municipal judge found no probable cause to bind them over to a Mahoning County grand jury.
Misdemeanor charges of resisting arrest and obstructing justice were dismissed in the city in July 2003 with the idea that they be refiled in Boardman but that didn't happen. Traffic charges related to the arrest were resolved in Boardman court.
County Prosecutor Paul J. Gains said misdemeanor charges against Riley are still a possibility. He said he is still doing research to determine if a resisting arrest charge should be filed.
Patterson said he had not seen the suit and could not comment on pending litigation, but said the filing of the suit is not a surprise.
Gains also would not comment on the lawsuit, but said he, as legal counsel for the township, would defend the township against the suit.
"We will look at [the lawsuit] and vigorously defend it," he said.
jgoodwin@vindy.com
meade@vindy.com