Suit alleges police cruelty by canine

By PETER H. MILLIKEN

milliken@vindy.com

YOUNGSTOWN

A South Side man has sued a host of city and Mahoning County officials for more than $325,000, saying a city police officer unnecessarily unleashed a police dog on him, causing him pain, suffering and medical expenses and the complete loss of the use of his right arm.

William Oliver, of East Avondale Avenue, sued police-dog handler Frank Rutherford, Mayor Jay Williams, police Chief Jimmy Hughes, Sheriff Randall Wellington and the county commissioners earlier this week in Mahoning County Common Pleas Court.

The county prosecutor’s and city law director’s offices and Hughes did not respond to a request to comment.

On March 9, 2009, Rutherford stopped a car driven by Shon D. Rankin, 30, of Nelson Avenue, in which Oliver was a passenger, the lawsuit says. Rankin fled on foot, but Oliver remained in the car and made no attempt to flee.

After the dog attacked and permanently injured Oliver, Rutherford falsely told Oliver he could not be treated for his injuries at St. Elizabeth Health Center unless he signed a release of liability, thereby forcing Oliver to sign the release under severe duress, the suit says.

Rutherford was part of the Mahoning Valley Law Enforcement Task Force, which is a joint effort of the city and county, the suit says.

The dog attack constituted excessive force and false imprisonment, violated Oliver’s civil liberties and resulted from negligent and inadequate training and supervision, the suit says.

The complaint, which demands a jury trial, is assigned to Judge R. Scott Krichbaum.

Four days after the traffic stop, police arrested Rankin on a secret indictment charging him with trafficking in marijuana and failure to comply with a police order.

In a plea deal, the prosecution dropped the marijuana charge, Rankin pleaded guilty to failure to comply, and Judge John M. Durkin sentenced him to two years in prison.

Police charged Oliver, 38, with drug possession on the day of the traffic stop, but the charge was dismissed April 29, 2009, by Magistrate Anthony Sertick of Youngstown Municipal Court.