Federal court rules in favor of Canfield Police Department in 2013 lawsuit

By Amanda Tonoli

atonoli@vindy.com

CANFIELD

The U.S. District Court of the Northern District of Ohio Eastern Division ruled in favor of the Canfield Police Department in a federal lawsuit that claimed officers mistreated an 11-year-old girl who had been accused in a rape case.

According to Vindicator files, the lawsuit was filed in April 2013 by Michael and Renee Rubesich against Anissa Modarelli, an assistant county prosecutor assigned to juvenile court; Canfield Police Chief Chuck Colucci, Detective Brian McGivern, Sgt. Scott Weamer and officers Timothy Lamping and Lea Byers; the city of Canfield; and 20 John Doe defendants who the suit says are police officers, detectives, supervisors, in-charge officers or commanders.

The Rubesiches sought at least $5 million.

The suit said officers questioned the Rubesiches’ daughter for about five hours without food, water or rest as she was falling asleep on her mother’s lap, despite her consistent denial of the charges, and jailed her on multiple rape counts without probable cause through April 24, 2012.

Further, the suit said the city failed to properly train its officers in juvenile sex-crime investigations.

One of the accusers recanted, and the suit said the other accusers “conspired to fabricate their allegation.”

The girl later was acquitted of the crime.

U.S. District Court Judge John R. Adams wrote in his conclusion the court found “no viable legal claim exists against the officers and city government” and “the officers had probable cause to arrest” the girl.

Colucci said the department is pleased with the ruling. “[We] firmly believe that our officers acted appropriately,” he said.

Colucci said the department reserves further comments about the case out of “respect for the individuals and families involved in the matter.”