Fatal beating lawsuit dismissed again

Staff report

YOUNGSTOWN

A federal judge has again dismissed a lawsuit filed against a former Mahoning County Children Services interim executive director by the estate of Teddy Foltz, a 14-year-old Struthers boy, who died Jan. 26, 2013, of injuries he suffered in a beating.

U.S. District Court Judge Sara Lioi in Akron dismissed the case Wednesday, saying the lawsuit, filed by Atty. David Engler, failed to show that Foltz died at the hands of the state or the interim director, David Arnold.

Judge Lioi had dismissed the complaint in July 2015 because she said Arnold wasn’t properly served with the complaint.

The $3 million lawsuit accused Arnold, who was CSB interim director from Jan. 7 to July 26, 2013, of violating Teddy’s rights by refusing to investigate reports the boy was abused and by refusing to cooperate with a Struthers police probe of the case.

Zaryl Bush is serving 33 years to life in prison after pleading guilty to murder, tampering with evidence and child endangering in Teddy’s death.

Shain Widdersheim, Teddy’s mother and Bush’s former girlfriend, is serving 15 years in prison after she pleaded guilty to tampering with evidence and three counts of child endangering.