Niles man sues city of Warren and police over treatment

Four other men were
convicted for their role in the altercation.

By ED RUNYAN

VINDICATOR TRUMBULL STAFF

WARREN — A Niles man has sued the city of Warren and its police department for the way six police officers treated him last October outside of Aulizio’s Catering and Banquet Hall on Youngstown Road.

Joseph Kijowski, 28, of Peffer Avenue, filed the suit in Trumbull County Common Pleas Court, seeking more than $2 million in compensatory and punitive damages. Charges originally filed against him were dropped.

Kijowski said he was attending a wedding reception at Aulizio’s on Oct. 28, 2006, when Reuben Shaw, an off-duty Warren police officer, and several guests got into an altercation outside of the banquet hall. Shaw called for help from on-duty Warren police officers.

The lawsuit said that Kijowski was not involved in the original altercation but that he entered a vehicle with the groom, who had been involved in the altercation, before the on-duty police officers arrived.

When they did arrive, officers sprayed pepper spray into the crowd and used “excessive force, including the use of clubs, stun guns or Tasers and other such violent measures,” the suit said.

At that point, Kijowski called 911, which rang into the Warren Police Department. He asked for the sheriff’s department, but instead the dispatcher informed the officers at the scene that Kijowski was calling about them, the suit said.

The officers then “unlawfully attacked, abused and victimized [Kijowski] by the use of excessive, unnecessary and unreasonable force,” the suit said.

A Trumbull County grand jury in June refused to indict Kijowski on a felony charge of assault on a peace officer, and other charges against him were dropped in Warren Municipal Court, according to court records.

The four other men charged that night were all convicted in Warren Municipal Court of various misdemeanors.

A Vindicator article at the time of the arrests quoted Shaw saying that the altercation began when some men at the reception began insulting a female bartender. Shaw said he went outside and spotted a man urinating in the lot.

Another man grabbed Shaw from behind and told him to show more respect because the event was a wedding reception. Shaw warned the man who had grabbed him not to touch him.

The two began to tussle and Shaw took the man to the pavement. Shaw said the others then pounced on top of him.

Shaw said that if other police officers hadn’t arrived, the fight could have become more serious. Shaw explained that he was punched in the ribs and his uniform was torn.

Kijowski’s lawsuit seeks $100,000 in compensatory damages and $200,000 in punitive damages against the city, the police department and each of the six police officers.

Warren Police Chief John Mandopolous said he would not comment on the suit because he had not seen it. He referred questions to Law Director Greg Hicks, who did not return a phone call.

The suit was filed by Atty. Jeffrey A. Kurz of Youngstown. The case is assigned to Judge John M. Stuard.

runyan@vindy.com