Judge Dismisses Lawsuit Against S. Russell Village
Former South Russell Village police officer Eric Kimball’s civil rights lawsuit against the village was dismissed on summary judgment, according to an order issued by the United States District Court for the Northern District of Ohio.
Former South Russell Village police officer Eric Kimball’s civil rights lawsuit against the village was dismissed on summary judgment, according to an order issued by the United States District Court for the Northern District of Ohio.
Kimball, who joined the South Russell Police Department as a part-time patrolman in 2015, resigned from the department in January 2023 after being accused of time theft.
Kimball filed a lawsuit in January 2024 asking to be awarded compensatory and punitive damages, to be reinstated to his position with the village, be awarded all of his lost wages and benefits and be awarded reasonable attorney’s fees and costs.
The lawsuit contended South Russell Police Chief Michael Rizzo denied Kimball’s due process rights and accused him of wrongful termination, two counts of civil liability for criminal acts, tortious interference with prospective employment opportunities and false light.
Kimball was accused of falsifying a timesheet he submitted in January 2023 after attending the Police Executive Leadership College training program in Columbus, according to court documents.
Rizzo and Lt. Todd Pocek later met with Kimball to discuss potential penalties, which included “suspension, reduction in rank, termination, in addition to potential criminal charges.” Rizzo also offered Kimball “another option”— to resign, according to court documents.
Kimball said in his lawsuit he attempted to apply for patrol officer positions in several jurisdictions and claimed Rizzo interfered with his application to at least one potential employer, Mantua Police Department, by not responding to requests for information and “casting suspicion and misgiving upon Kimball’s employment with the village and the separation from the village.”
However, Kimball failed to prove malice on Rizzo’s part, said U.S. District Judge Patricia Gaughan in her opinion.
“Kimball never offered (the defendants) an explanation for the false timesheet until after he resigned,” she said. “Accordingly, it is undisputed that Chief Rizzo held the belief that Kimball lied in submitting his timesheet. This court takes no position on the veracity of that belief, but it does inform Chief Rizzo’s calculated comments to Mantua.
“Kimball also references a form Chief Rizzo submitted to the Ohio Peace Officer Training Commission after Kimball resigned that denoted Kimball’s separation was due to ‘Resignation – Under Investigation,’” Gaughan continued in her opinion. “Chief Rizzo testified that he chose this denotation on the form because he considered it to be the most accurate option. Kimball contends the denotation was false, but Kimball fails to tie this form to any interference with a business opportunity or point to any evidence that it was done with malice.”
As a result, Gaughan granted the village and Rizzo’s motion for summary judgment.
