YOUNGSTOWN — Heriberto Ortiz and his wife, Wanda Diaz, have sued the city of Youngstown and Youngstown police officers Tyl Srbinovich and Ivan Thomas in federal court over incidents from Dec. 3, 2022, in which the officers allegedly denied Ortiz his constitutional rights against unlawful search and seizure and then assaulted him in a home where he was making repairs for the property owner.

The lawsuit and a copy of the Youngstown police report attached to the suit allege the incident began with Deborah Rios contacting police Dec. 3, 2022, alleging she had been staying at a home on West Chalmers Avenue on the South Side for several weeks, but now the locks had been changed, locking her out without notice.

The lawsuit states Ortiz, of Youngstown, has been property manager of the West Chalmers property since 2019 for his cousin, who lives in Puerto Rico, and Ortiz was staying in the home for several days Nov. 30, 2022, to Dec. 3, 2022, so he could repair the damage Rios did when she stayed there.

Rios moved in Nov. 15, 2022, and stayed “for a brief period,” the lawsuit states.

“After Rios destroyed the carpet, she vacated the property, removing all of her property including clothing, pots/pans and food,” the suit states. She also canceled the gas utility Dec. 1, “which clearly communicated her absolute intent to completely vacate the property,” the suit states.

When officers contacted Ortiz with Rios’s complaint about being locked out, Ortiz “was instantly hostile, not wanting to hear my explanation,” the police report written by Srbinovich states.

Rios met the two officers at the West Chalmers property Dec. 3, 2022, and Rios allowed officers inside. Officers found mail in the mailbox with Rios’ name on it, and they explained to Ortiz that “Rios has established residence here and has to be legally evicted,” the report states. Ortiz had been staying in the house to make repairs, the suit states.

The lawsuit states the officers “decided to act as civil courts and unlawfully involved themselves in a landlord and tenant dispute without authority, in violation of the law.”

Ortiz “refused to submit to (the officers’) unlawful authority to enter and possess the property,” and it led to the officers assaulting Ortiz “without reason, and they put him in a hospital for six days.”

Judge Renee DiSalvo of Youngstown Municipal Court on June 1, 2023, dismissed the misdemeanor charges of obstructing official business, resisting arrest and menacing filed against Ortiz in the episode. That is the day Ortiz’ trial was set to begin.

DiSalvo dismissed the charges because the subpoena issued to Rios to testify at the trial was never served on her, according to court documents. The charges can be refiled, but there is no indication in Youngstown Municipal Court records that they ever were.

The lawsuit states when Diaz and Ortiz explained to Srbinovich by telephone Dec. 3, 2022, that Rios no longer lived at the property and had no belongings there, that should have ended the dispute.

“Srbinovich and Thomas should have informed Rios that this was a civil matter, and they should not have gotten involved in the property dispute,” the suit states.

The officers had no authority to order Ortiz to come to the property, and they had no authority to demand that Ortiz and Diaz grant them access to the property to verify Ortiz’s statements.

As officers began to search Ortiz, he told Diaz to get her cellphone and document what the officers were doing. The officers “began physically battering Ortiz,” the suit states. Srbinovich, Thomas and two unnamed officers “picked Ortiz off the floor, threw him on the couch, handcuffed him and twisted his arms,” the lawsuit states.

The police report states that as officers tried to “pat down” Ortiz, Ortiz asked the officers if they wanted to fight and tried to strike Thomas with his right knee. Ortiz was taken to the ground, handcuffed and was taken to a police cruiser. The police report does not mention injuries to Ortiz, only that the jail refused to take him because of his high blood pressure.

The Vindicator emailed the Youngstown Law Department about noon Friday, asking Lou D’Apolito, interim Youngstown law director, for comment. He did not respond by the end of Monday.

The suit is assigned to Judge J. Philip Calabrese and Magistrate Judge Thomas M. Parker.

erunyan@vindy.com