In a ruling with potential repercussions for free speech and official accountability, U.S. District Judge Philip Calabrese has determined that several Trumbull County Ohio officials could be personally liable for damages if found responsible for the false arrest of County Commissioner Niki Frenchko. This case stems from an incident on July 7, 2022, where Frenchko was removed and handcuffed by sheriff's deputies during a commissioners meeting.
The defendants, including Trumbull Commissioner Mauro Cantalamessa, former Commissioner Frank Fuda, Sheriff Paul Monroe, and Sergeants Harold Wix and Robert Ross, face the possibility of personal financial responsibility, a departure from the norm where taxpayers typically bear such liabilities.
Representing Commissioner Frenchko, Attorney David Betras highlighted the significance of Judge Calabrese's ruling, emphasizing its affirmation of free speech principles. "In America, we do not arrest our political opponents for their speech," Betras said, echoing the judge's words. He further stated, "I mean the first sentence of the judge's decision says it all. That's what they did to Niki Frenchko."
The ruling notably strips the involved officials of their qualified immunity, suggesting heightened personal accountability. "He stripped all of those public officials of their qualified immunity, which means it will have to come out of their pockets if punitive damages are awarded," Betras explained.
Frenchko's arrest occurred during a public reading of a letter from Sheriff Monroe, responding to her allegations about inmate mistreatment at the county jail. The charges against her were later dismissed, leading to the current lawsuit.
Commissioner Frenchko expressed vindication following the ruling, viewing the lawsuit as necessary against what she perceived as an abuse of power. "When I saw the first words of the opinion to hear that coming from a federal judge who knows what our country is supposed to be about and that is allowing people having the right to free speech and public discourse, it was completely vindicating," Frenchko stated.
The case now moves to a jury to decide if the officials conspired to arrest Frenchko and assess any damages. This lawsuit has become a focal point for discussions on political discourse and the limits of power in local government. As the trial continues, it underscores the importance of upholding constitutional rights and the personal accountability of elected officials.