STRIP-SEARCH CASE Warren will pay to settle with man

The city will have to pay $25,000 of the settlement, officials said.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A man who says Warren police beat and strip-searched him has received a $46,000 settlement.
The settlement for Clarence Clay of Brier Street Northeast was reached Wednesday in U.S. District Court in Youngstown.
The city will have to pay $25,000 of the settlement and the insurance carrier will foot the other part, city officials said.
"I'm happy," said Atty. Clair Carlin, who along with Atty. Richard Olivito, represented Clay. "We're pleased that the city stepped up to their responsibility. We're also pleased with the cooperation from the law department and city administration."
Clay could not be reached to comment.
Mayor Michael O'Brien said he also is pleased the lawsuit was settled.
"We are still settling cases, likes this one, that are from the previous administration and I'm glad that this one is now done," O'Brien said.
About the suit
In the lawsuit, Clay said police officers beat him and illegally strip-searched him when they arrested him March 26, 2003, on charges of obstruction of justice, failing to stop at a stop sign, resisting arrest and failing to comply with a police order or signal. Police have denied the allegations.
The criminal case went to trial in September 2003 in municipal court. Clay was acquitted of charges of resisting arrest and failing to comply with a police officer's order, but he was convicted of the obstruction of justice and failing to stop at stop sign.
Patrol Officer Joseph Kistler testified during Clay's criminal trial that officers witnessed Clay stop at a house on Homewood Avenue known to be a place where illegal drugs are sold.
Kistler said Clay was at the house for about three minutes. When Clay left the house, Kistler and his partner, Ed Hetmanski, followed.
Kistler said Clay went through a stop sign and officers stopped the car. It was Clay, not the officers, who became combative, Kistler said.
He added that crumbs of what he thought to be crack cocaine were visible on Clay's lips. Clay was not arrested on drug charges, however.
Testimony
Clay testified that he went to the house to fix a television. He said he was at the house for 30 minutes before he decided to take the TV home for more repairs.
The city has spent more than $90,000, in the past year to cover police officers accused of illegally strip-searching suspects, and with additional lawsuits pending, that amount is expected to increase.
City officials noted there are still three lawsuits pending. One of those lawsuits, filed by Dominic Gambone of Warren, alleges that he was strip-searched by two officers when he was stopped for a traffic violation in February 2002.
The other three lawsuits are alleging police used excessive force when making arrests.
sinkovich@vindy.com