a_d
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 and E-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
Saturday
61°
Mostly Cloudy
13%
Saturday Night
48°
Slight Chance Rain Showers
21%
Sunday
58°
Chance Rain Showers
54%
Sunday Night
44°
Rain Showers Likely
56%
Monday
47°
Rain Showers Likely
57%
Monday Night
36°
Chance Rain Showers
38%
Tuesday
44°
Mostly Cloudy
11%
Tuesday Night
37°
Chance Rain Showers
26%
Wednesday
51°
Slight Chance Rain Showers
30%
Wednesday Night
34°
Chance Rain/Snow
30%
Thursday
38°
Slight Chance Rain/Snow
30%
Thursday Night
27°
Chance Snow Showers
29%
3 Day
Extended
a_d
a_da_d
camera_logo Photo Albums
video_logoOnline Video
Thursday, December 29
index pict
Deceased infant in truck leads to arrest
Wednesday, December 28
index pict
911 audio: Deceased infant found in abandoned truck