DIVERSION PROBE Adult files federal lawsuit

The man refused to submit to paddlings.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
FOWLER -- A 20-year-old Niles man has filed a federal lawsuit alleging his constitutional rights were violated when he took part in Fowler Township's juvenile diversion program.
Scott C. Villio, of Oak Forest Drive, Niles, filed the lawsuit Monday in U.S. District Court in Youngstown. It seeks more than $200,000.
Howland Township trustees and Police Chief Paul Monroe, and Fowler Township trustees and Police Chief James Martin are named defendants in the suit. Officials in both townships could not be reached to comment.
Martin, who operated the Fowler diversion program, is also a full-time police captain in Howland.
"Scott is an adult, and there were no charges filed against him," said Atty. Sarah Kovoor who with Alan Matavich represents Villio. "He should not have been placed in a juvenile program."
According to the lawsuit, on Sept. 28, Villio was involved in a dispute at a local retail establishment in Howland. No charges were filed, the suit states.
Both Matavich and Kovoor declined to identify the establishment or give details of the dispute.
Pressed into program
The suit adds that on Sept. 29, Martin went to Villio's home and instructed Villio to go to the Howland Township police department Oct. 4.
Villio went to the police station Oct. 4, and Martin told him that unless he took part in the program in Fowler he would go to jail for six months and be fined. Matavich noted that Martin placed Villio on house arrest and took his driver's license away.
The lawsuit states that during the diversion program Villio was consistently pressured to receive paddlings. Villio, however, refused.
The FBI and agents from the state Bureau of Criminal Identification and Investigation are investigating Martin. Several juveniles who took part in the program said Martin paddled them.
Martin, free on a $2,500 bond, is facing 20 counts of dereliction of duty; 11 counts of misdemeanor assault; seven counts of unauthorized photography; 12 counts of using a sham legal process; and two felony counts of theft in office, said Dave Toepfer, an assistant Trumbull County prosecutor.
Authorities said the charge of sham legal process means Martin showed juveniles a document that appeared official but in reality had no legal standing and was not lawfully issued.
Villio's lawsuit maintains that his constitutional rights to due process of law and equal protection of the laws were violated. Martin has pleaded innocent.