Suit asking $2M from police dismissed

Warren's safety service director said he had always felt the claim was baseless.
By ED RUNYAN
VNDICATOR TRUMBULL STAFF
WARREN -- Judge Peter Kontos has ruled in favor of three local police departments in an excessive use of force lawsuit filed against them in April 2005.
Judge Kontos ruled Thursday in favor of police departments in Warren city and townships of Champion and Warren in their motion to have the case decided without a trial. His ruling dismisses the case.
Brett Hemberger, Jason A. Mills and Mark Mills filed the $2 million lawsuit in Trumbull County Common Pleas Court after an arrest March 1, 2005, at a residence at 4282 Eagle Creek Road, Warren Township.
"I am glad the legal process has cleared the department of any wrongdoing and vindicated the officers' actions that night," responded Doug Franklin, Warren Safety Service director.
He said the city takes accusations of police use of force seriously. "We looked at all areas of use of force and went through some training," he said -- but added that he didn't think there was any basis for this claim.
Atty. Raymond J. Masek of Warren, who filed the suit, could not be reached.
The suit's origin
Warren city police said they chased Hemberger and Jason Mills from Enterprise Drive Northwest after a break-in at a construction site there. The two fled on foot about 1 a.m. and left their vehicle behind.
Officers found Hemberger in the attic area of the Eagle Creek residence, and Warren policeman Manny Nites went into the attic after him. Hemberger and Nites ended up falling through the ceiling from the attic to the room below. As a result, Nites spent several days in the hospital because of internal injuries, and Hemberger was treated at a local hospital, police said.
The lawsuit said Nites struck Hemberger in the back of the head, and other officers kicked him and beat him with flashlights after the fall.
A Warren police report said Hemberger refused to give Nites his hands and struck him several times during the struggle.
The lawsuit said Nites and an unidentified officer also hit Jason Mills with flashlights after he was found in the house and handcuffed, which resulted in multiple fractures to his arm.
Resulting convictions
Hemberger, 24, was convicted March 18, 2005, in Warren Municipal Court on misdemeanor charges of attempt to commit an offense and resisting arrest. He received no jail time. His fine was suspended, and he paid court costs.
Jason Mills, 22, was convicted in Warren Municipal Court on misdemeanor charges of falsification, attempting to commit an offense and resisting arrest. He was sentenced to three years of reporting probation, $250 in fines and received a 60-day suspended jail sentence.
Hemberger and Jason Mills said they were living at the Eagle Creek residence and working at a garage there at the time of the arrest.
In an affidavit, Mark Mills, 24, of Newton Falls, stated that he was not part of the chase but was arrested at the house along with Hemberger and Jason Mills.
Warren police charged Mark Mills with obstructing justice for his actions that night. The charge was reduced to disorderly conduct in Warren Municipal Court, and he was ordered to pay a $250 fine, placed on three years' reporting probation and given a 30-day suspended jail sentence.
In written pleadings, Warren city's attorneys argued that Nites' conduct was the result of confronting individuals actively resisting arrest or attempting to evade arrest by flight.
"The fleeing from the officers is no minor matter," the city said. "Pursuits present a danger to the public and others including the police officers."
An internal affairs report prepared by the Warren Police Department said officers did use force during the arrest, but there was no conclusive evidence that the force was excessive, and said the officers were justified in their actions.
runyan@vindy.com