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Lawsuit claims improper Poland Village arrest and Mahoning jail search



Published: Fri, September 11, 2009 @ 1:25 p.m.

YOUNGSTOWN — A Howland woman has filed a false arrest lawsuit claiming a Poland village police officer improperly apprehended her in a traffic stop, and that a Mahoning County jailer unreasonably searched her.

Natalie R. Fisher, of Celestial Drive, filed a civil lawsuit Wednesday in Mahoning County Common Pleas Court against Poland village Patrolman Michael Koenig, an unknown female county jailer, Sheriff Randall Wellington and the county commissioners.

Koenig stopped Fisher without legal justification on July 27 off Mathews Road in Poland Township and ran a warrant check on her, which showed a bench warrant for her arrest for failing to pay a speeding ticket in Youngstown Municipal Court, the suit says.

The officer unlawfully arrested Fisher, despite her having fully paid that ticket on March 20, and took her to the jail, where the jailer unreasonably searched her in violation of the 4th Amendment to the U.S. Constitution, the suit says.

After being ordered to strip naked and shower in the jailer’s presence, Fisher was ordered to don jail attire with holes in its crotch and detained with male inmates in a holding cell for processing, the suit says.

Fisher “suffered outrage, anger, shame, embarrassment, humiliation and other emotional distress” according to the suit, which seeks more than $25,000 in damages.

The case is assigned to Judge James C. Evans.


Comments

1RFederer(116 comments)posted 5 years, 3 months ago

That's what happens when you hire unqualified cops who are nothing more than radar kings for revenue enhancement.

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2dominoman777(57 comments)posted 5 years, 3 months ago

is he the same guy that killed that pot head?

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3MissYtown(5 comments)posted 5 years, 3 months ago

Ms. Fisher should have taken care of her responsibilities and paid her ticket like the rest of us speeders. This all would have been prevented. She needs to accept responsibility for her own failures and quit blaming others - same problem with our whole society. Everyone involved was doing the jobs they are paid to do!

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4BGGHammer(21 comments)posted 5 years, 3 months ago

MissYtown, you have to be a cop with that statement. Not everyone is cut out to be a cop and you have alot of idiotic cops out there. Society and citizens pay the price for bad cops.

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5MissYtown(5 comments)posted 5 years, 3 months ago

If she paid her ticket on time, a bench warrant wouldn't have been issued for her arrest

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6MVP(67 comments)posted 5 years, 3 months ago

I think the guy that shot the pothead is now the chief of police. Beatty, right?

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7joe1616(52 comments)posted 5 years, 3 months ago

someone obviously cannot read

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8janeyblue(227 comments)posted 5 years, 3 months ago

She should ask for 25 MILLION...you go girl!
Bet the butthead is at the big celebration for the lovely new stadium tonight...lurking!

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9RFederer(116 comments)posted 5 years, 3 months ago

Poland will settle this and then make up the increased cost of insurance by passing out tickets on 224 like candy.

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10Stan(9923 comments)posted 5 years, 3 months ago

If she paid the ticket on March 20 why would there be a warrant ot for her arrest on July 27 ? There go the Mahoning Couity taxes to pay for this stupind mistake ! Whoever was responsible for the mistake should be fired !

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11Mahcntyvoter(30 comments)posted 5 years, 3 months ago

Yes I would definitely say something went wrong at the courthouse she paid her ticket. These are the people who she needs to be sueing. The officer and county jail were only doing their job according to someone who they beleived had an appropriate warrant. This happens infrequently but when it does it is very unfortunate.

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12Viewpoint(89 comments)posted 5 years, 3 months ago

No penquinwhatever, the citizens of Poland are not exempt from being stopped and being cited for traffic violations. What part of following the law, driving the legal speed limit, maintaining proper vehicle condition and registration do you not understand? Poland is a very tolerant place, we even let that notorious convicted felon live here, but hopefully he'll move away soon.

You are either irritated at having been cited in Poland, or you just like to shoot your mouth off without a basis in fact. If you have a problem with the posted speed limits, then take it up with the proper authorities and petition to have it changed. I, like the majority of Poland residents like it just the way it is, even if the omnipresent police force seems to be intrusive upon a congenial village atmosphere.

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13redvert(2101 comments)posted 5 years, 3 months ago

I grew up in Poland but I am not currently a resident. Yes, Poland police may be a little harsh but if they quit being that way, what would you have? That's right, Youngstown!!!

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14joe1616(52 comments)posted 5 years, 3 months ago

Viewpoint,
I bet you are one of the people that has been harassing this felon. You should be careful about that, because he may be drawing up a lawsuit as we speak.

He has a right to live there, just as you do. It's funny how he was enticed to move to Poland, now you want him out. I bet you're enjoying the athletic skills of his offspring though. wow the nerve of some people.

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15joebag09(267 comments)posted 5 years, 3 months ago

I don't know the officer from atom....and I haven't a clue as to why she was stooped, but after being informed there was a bench warrant, he did his job! Once she was arrested and taken to the county jail, they did their jobs. IF, the ticket was paid, then someone in records screwed up and unfortunately the woman suffered the consequences and she probably is entitled to some compensation.

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16Viewpoint(89 comments)posted 5 years, 3 months ago

Joe1616, what are you smoking? Well never mind, it seems you're a bit defensive about discussion of convicted felons. Do you happen to be "buds" with one or more of them?

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17Eric(196 comments)posted 5 years, 3 months ago

I am always one of the first to criticize police for abusing their power, but here it sounds like Poland Police just did their job. And Viewpoint is correct. Poland is the one place where I don't have to worry about speeding cars weaving in and out of traffic, crashing red lights, and in general causing chaos for law-abiding drivers. What is the point of the law if it is not enforced? Follow the posted speed limits and keep your vehicle legal and there is no problem. If you feel the speed limits are unreasonably slow, take it up with city council. I have driven through Poland for years and have never had a problem. However, I have seen other cars pulled over, generally after flying past me on 224 like I was standing still. And I applauded the Poland police every time.

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18chip(2 comments)posted 5 years, 3 months ago

First of all, I hope everyone realizes that there are two different police departments in Poland. There is Poland Township and there is Poland Village.
This Vindy article is wrong, the officer that is mentioned actually works for the Poland Village Police Department.
For PenguinBird, the "speed trap" you mentioned is in Poland Village, the township, and the township residents have nothing to do with that.
Although this article clearly misprints where this officer works, it clearly states that the woman did not fully pay the ticket. Therefore, a warrant would be issued, and she should be arrested.
The only thing the officer has to worry about is if he legally stopped the woman, and if he had the warrant confirmed prior to arresting her.

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19chip(2 comments)posted 5 years, 3 months ago

My apology, I had to re-read the article. My mistake, it does state in the article that she did pay the ticket. Well, that is her story anyway. If she did pay the ticket, then there should be no warrant.
If what this woman is saying is true, then she has brought suit against the wrong people. She should be suing the Youngstown Municipal Court for not recalling the warrant. Everything else that was done to her is what is done to every other person that is arrested.

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20TAXEDOFF(118 comments)posted 5 years, 3 months ago

I see a lawsuit coming every time Ron Eiselstein's name comes up there is a lawsuit involved check the court records. Yes, more lawsuits,

YOUNGSTOWN — A magistrate rescheduled the sentencing date for a Youngstown man found guilty of a first-degree misdemeanor for cutting trees without the city's permission. Magistrate Anthony Sertick Jr. of Youngstown Municipal Court on Wednesday postponed the sentencing until next Wednesday for Ron Eiselstein, 46, of Fifth Avenue. Eiselstein pleaded no contest Nov. 27 to harvesting timber without a permit and was found guilty by Judge Robert A. Douglas Jr. Eiselstein cut trees on an East Side property in October with the owner's permission, but without a city permit to harvest timber.

Also Wednesday, Eiselstein was arraigned in Mahoning County Common Pleas Court on a fifth-degree felony theft charge. He is accused of cutting down trees without authorization in August from a Boardman property.

Eiselstein just can't seem to avoid lawsuits and the court bailiff. probably knows him on a first name basis

Ron Eiselstein has 50 records of lawsuits on the Mahoning County Clerk of Courts website, all but one in which he is the defendant. Many are judgements for money that remain open. He owes money to the city of Youngstown for demolition in the thousands according to the clerk of courts website.

He is also affiliated with Firepearl, which has 20 records listed, again as the defendant, and many are judgements for money that remain open.

Aside from numerous tax LIENS under his name. He also has many listed under this name Caraga Ltd.the following pages from the Ohio Secretary of State shows his name as the statutory agent.

3210 SOUTHERN BLVD
YOUNGSTOWN, OH 44507 USA

Mail Information
CARAGA LTD
3210 SOUTHERN BLVD
YOUNGSTOWN, OH 44507 USA

http://www2.sos.state.oh.us/pls/portal/P...

This link shows the secretary of state info

http://www2.sos.state.oh.us/reports/rwse...

Numerous tax liens under that name are listed here

Think of all the additional police protection the township could afford if Ron only paid his taxes:

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21TAXEDOFF(118 comments)posted 5 years, 3 months ago

Any time youngstownshrimp comes up there's a law suit involved

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22Viewpoint(89 comments)posted 5 years, 3 months ago

Good thing I'm not youngstownshrimp, or you Mr. Taxedoff would be receiving notice of a libel and defamation lawsuit. Who knows maybe Mr. Eiselstien has an attorney drawing up the papers right now.

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23JD010101(137 comments)posted 5 years, 3 months ago

The 25mph speed zone in Poland Village is not from a State of Ohio DOT study. This speed was illegaly posted without a study by Poland Village. Who would have done this study? Police Chief Russ Beatty is also Poland Village Road Supt. That brings up a second question. How can Police Chief Beatty also be the Village Road Supt. I have never seen him off of his Mon-Fri dayturn police job filling the duties of a Road Supt. Is he double dipping? Just a question, I would hope that he isnt although. I believe several municipalities in Ohio had positions such as this that had to be given up due to "Double Dipping". I might be wrong on this one it just has always seemed strange that he wears two hats and is being paid for each hat.

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24pit_bull_marley(291 comments)posted 5 years, 3 months ago

Another story about our Poland PD. Right or wrong in the arrest is actually mute. Know why? They have a reputation that precedes them. If your a resident with out a bussiness there, your happy. If you have a bussiness there, you may not be so happy. Last time I read about this police dept...lots of negative emotions surround them. Doubt we are over loaded with criminals on this sight. Which means your law obiding citizens complain about them. I dont go through or stop in Poland because of it. They need to address the publics perception of them. They assist in keeping money out of Poland. Nice town...just wont go there. Dont need the hassle.

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