Thursday, May 5th, 2011
By Amy Kronenberger
Court rules in favor of St. Marys in police harassment case
  ST. MARYS - Mercer County Common Pleas Court ruled in favor of the St. Marys Police Department after the city pursued a lawsuit for frivolous litigation.
The court ruled that Charles Black of Rockford must pay all attorney fees incurred by the city totaling $36,502 for needlessly suing the department on 16 different charges.
"Based upon the evidence presented at the hearing ... it appears that none of Black's claims are warranted under existing law nor can they be supported by any good faith argument, though none was made, for the establishment of new law," the court ruling said.
In April 2010, Mercer County Common Pleas Judge Jeffrey Ingraham dismissed the case Black filed against the St. Marys Police Department and officer Tom Kennedy. Black then appealed the case, and The Third District Court of Appeals in October agreed with Ingraham. The city then pursued the frivolous litigation lawsuit.
The original suit filed by Black and his daughter Stephanie in June 2009 alleged Kennedy trespassed on their Lombard Road property to serve Stephanie Black with a citation of operating a vehicle while under the influence.
Charles Black had told The Daily Standard he asked Kennedy to leave his property six times, but the officer refused and threatened to arrest him for disrupting official business.
According to the police report, Black threatened to physically remove Kennedy. "Black then drove a 10-ton backhoe towards Kennedy's police cruiser with the intent of removing Kennedy from his property," the report says.
Kennedy called for assistance from the Mercer County Sheriff's Department. Upon arrival of sheriff's deputy Dan Adams, Black acquiesced and allowed Kennedy to deliver the citation.
After the incident, the Blacks sued the St. Marys Police Department and Kennedy for the following offenses: trespassing, negligence, harassment, slander, conspiracy, disorderly conduct, breach of confidence, breach of closeness with a deadly weapon, breach of duty, coercion, assault, malice, inciting violence, malfeasance, malicious abuse of legal process and invasion of property.
Additional online stories for this date
Print edition only stories for this date
• Vaccine dilemma becomes real pain
• Serving up some Harvey Girl history
• Mercer health board fills fiscal position
• Parking time an issue for some businesses
• Plans need to get rolling for new skateboard park
• McGowan wins Republican primary
• Hospital gets state, national recognition
• School levy passes
• Council considers pet waste ordinance
• Turkish drummer focus of African Cultural Week
• Cavs edge Rangers by one in final at-bat
• Redskins score 20 in blowout of Indians
• Blue Jays slip past Cardinals by one run
a_d
Today
85°
Chance Thunderstorms
45%
Tonight
69°
Thunderstorms Likely
55%
Tomorrow
81°
Chance Thunderstorms
42%
Tomorrow Night
68°
Slight Chance Thunderstorms
22%
Labor Day
84°
Chance Thunderstorms
31%
Monday Night
70°
Chance Thunderstorms
53%
Tuesday
83°
Chance Thunderstorms
54%
Tuesday Night
64°
Chance Thunderstorms
44%
Wednesday
82°
Mostly Cloudy
12%
Wednesday Night
65°
Partly Cloudy
12%
Thursday
85°
Partly Sunny
14%
Thursday Night
68°
Partly Cloudy
14%
3 Day
Extended
a_da_d
video_logoOnline Video
Wednesday, August 27
index pict
Marion Local prepares for football season
Tuesday, August 26
index pict
St. Marys' Schmitmeyer golfs for guys team
camera_logo Photo Albums
Thursday, August 28
index pict
Thursday, August 28
index pict
Thursday, August 28
index pict