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Lawsuit claims improper Poland Village arrest and Mahoning jail search
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.
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Comments
Poohland strikes again. I hope she wins.
That's what happens when you hire unqualified cops who are nothing more than radar kings for revenue enhancement.
is he the same guy that killed that pot head?
dom-I was almost thinking the same thing-she's lucky they did not kill her....I wonder what their next trick will be to make it look justified! I heard that cop could no longer handle the job shortly after and retired on dis??? Not sure if that is true-would like to be corrected if I am wrong.
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!
MissYtown, please read the article again, she paid her ticket on March 20.
I know this officer, he prowls Poland and confuses public safety with public harassment. This is why Poland businesses are closing down.
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.
If she paid her ticket on time, a bench warrant wouldn't have been issued for her arrest
I think the guy that shot the pothead is now the chief of police. Beatty, right?
someone obviously cannot read
She should ask for 25 MILLION...you go girl!
Bet the butthead is at the big celebration for the lovely new stadium tonight...lurking!
Poland will settle this and then make up the increased cost of insurance by passing out tickets on 224 like candy.
I don't understand why she would sue Poland and the jail for doing what their job mandates. The article I read says that she had a warrant for her arrest. Once that warrant is confirmed (by Youngstown), then the officer has a legal obligation to arrest her. In turn, the jail must follow their procedures as far as searches, showers, whatever they do.
If the warrant was no good then it would be Youngstown City or Youngstown Municipal court to blame, not Poland or the jail.
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 !
Justice, I thought the same thing. If she paid her ticket, but still had a warrant, then it sounds like the Ytown Municipal Court dropped the ball.
Still, forcing her to undress, get searched, shower in front of an audience, then sit in a cell with male inmates seems a bit harsh for a speeding violation.
Stan,
The warrant was out for her arrest because the illustrious people at the courthouse did not do their job and process the paper work. Don't blame the cop, he did his job, all he could do was arrest her, he had NO choice. Failing to arrest someone who has a warrant out for their arrest constitutes deriliction of duty and is not only an offense that could have an officer terminated, but criminally charged as well.
What I don't understand is how the citizens of Poland Township allow the speed trap on 224 to exist and do nothing about it. I heard that the cops do not cite citizens of the township so their money raking operation can linger on and on.
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.
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.
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!!!
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.
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.
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?
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.
I'll bet you when the full complaint is read, the defendant most likely informed the officer that it was a mistake. The officer has a laptop with information to show that this person was not a criminal but rather had a moving violation with Youngstown. If Poland had police with some community spirit, the officer would have known what would transpire if he called in the YPD.
Everyone above, with due respect will not know this unless they lived thru this big brother , Gestapo approach in Poland, I have.
My wife and I for five years put on the free movies in Poland, last year, a rookie cop waited for us after we closed up the free movies (2 AM). Obviously he already punched up her licence. My wife never had as much as a parking ticket in her life. The computer showed that her license was suspended for non payment of a "Fee". I was following her and I insisted that their was a mistake because the fee was a building code fee that I paid. The system made a mistake and since her name was on the deed left her on the computer. I told the officer that he knows us and since her car was legal I would drive the car back to our store in Poland a few hundred feet away. His response "no, I'm towing the car". This was a friday, by 8:30 AM monday, I had her license unsuspended.
I should sue the police too. What I am trying to reveal is that PVPD has cops that are trained to take no prisoners, so to speak. In our case, they didn't even have the right to tow her car since I was a licensed driver and the car had no violations. I brought my lawyer in and they backpedalled alot but this abuse is not changing. All I can say is people in Poland, need to speak up, or the Village will continue to lose businesses.
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.
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.
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:
Any time youngstownshrimp comes up there's a law suit involved
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.
Viewpoint,
Thank you for your comment and support, you seem to be able to see thru excrement that comes forth from people like Mike Meszaro (taxedoff) an his ilk. People like him are really the few who seem to keep YTown in the lower bowels of economic development. They offer nothing but negativism.
You are right, I did discuss this flea with my lawyer and we are ready to file, however Meszaro doesn't have an address to serve, I know he goes to YSU and seems to never graduate, also he created a video called "Youngstown Strippers" which started out proactive and then spiraled down into outright racism and a business unsustantiated(US Trading) accusation of theft. He also created a website comparemymeds.com , which seems to be a failure but again he cowards without even a phone number.
If you or anyone knows his whereabouts kindly let me know so I can do my part again for the community and teach him a valuable lesson so he won't harm society if he ever grows up.
If he had no probable cause to pull her over and run her plates...he should be terminated for abusing his power and not following proper procedure. At the very least, he should be suspended witout pay for a few months.
I'm not so sure about the jail though, they were only following their procedures for processing an inmate. However, prison jumpsuits with holes in the crotch is not acceptable. That should never happen and they should give a formal apology to the woman. Unfortunately, the strip search and shower may very well be procedure for processing a new inmate who's spending the night. This is done to protect the jail gaurds.
It sounds like she has a case here!
You guys are right. Anytime a person says they "did something" or "didn't do something" the police should JUST BELIEVE them! As far as the cop is concerned if the warrant was entered AND confirmed he DID his job. The corrections officers DID their job.
Viewpoint, very nice post. While I have to agree that Poland Village is a little harsh in their policing it does do one thing, it keeps it Poland and NOT youngstown. That policing does a very good job as being a deterant. So before you people b#$ch a little more think about what type of city you want to live in. Also, if you don't live their then don't b#$ch! If you don't like the way they police then DON'T drive there!
YSUgrad, What you say use to be the law, however, this law was challenged and now "probable cause" is not applicable to police anymore. Driving is a privilege not a right, so police have the right to download your file anytime they want. This is not practiced alot let's say by YPD, because they are to busy dodging bullets. Now in Poland Village, this is a boon to them because it allows them to "fish" and see what comes up on their screen. To sum it up, it is an abuse, so another right gets taken away. Sadly, businesses are suffering in Poland.
Ah ysugrad99 I see you're running your mouth again about yet another thing you don't know diddly about. There is no expectation of privacy in a motor vehicle while being driven on the road. Law enforcement officers have the right to conduct a random registration verification check on any and every vehicle that passes them. And we should all believe the woman who said that the officer had no probable cause to stop her. She apparently studied at the same police academy or law program you did!!
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.
Call Poland Village , 330 757 2112 and ask to speak or the number to the councilman who is on the road commitee.
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.
LOL, I think you should pay attention a little more. A warrent check was done on her and showed a bench warrent for an unpaid traffic violation. The traffic violation had already been paid. The first question you should ask is why did the warrant check not reflect this? The second question you should ask, is what probable cause did he have to stop her in the first place? The warrant check was run after the traffic stop...not before. That's a no no.
LOL, your arguement would have more merit if the timeline was a little different. So please keep your opinion to yourself if your not going to take the time to read up on the facts.
The chain of events at the jail sound a little unprofessional by the jailors. It will be up to higher powers to determine if her constitutional rights were abused.