Subject:  Motorcyclist is paralyzed, seeks damages in civil lawsuit |
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Date Posted: 06/ 6/09 9:31pm
Article published June 06, 2009
Motorcyclist is paralyzed, seeks damages in civil lawsuit
By MIKE SIGOV
BLADE STAFF WRITER
A Maumee motorcyclist shot by an Ottawa Hills police officer last month in a traffic stop is paralyzed and may undergo amputation of a leg because of severe burns, according to a lawsuit filed in federal court this week.
Michael McCloskey, 24, of Maumee filed a lawsuit in U.S. District Court in Toledo against two officers and the village of Ottawa Hills alleging that his civil rights were violated.
The lawsuit, filed by Michigan attorney Geoffrey Fieger, alleges that the officers involved “made an unreasonable seizure” and assaulted Mr. McCloskey “by unnecessarily and illegally shooting him in the back, which severed his spine resulting in paralysis.”
Also alleged is that the officers involved failed to provide Mr. McCloskey timely and adequate medical attention when they failed to help him as he lay on the ground with the running motorcycle on top of him.
Named in the suit were the village, Officer Thomas White, and “Officer John Doe.”
“I think the facts of the case as we set forth in the complaint are shocking and appalling,” said at-torney Arnie Matusz, a member of the Feiger law firm. “There’s absolutely no justification for this officer or any officer to shoot someone.”
Mr. McCloskey was one of two motorcyclists who led police on a short pursuit May 23 on Indian Road near Central Avenue. The other motorcyclist, Aaron Snyder, 35, of Toledo, was arrested without incident and charged with drunken driving and failure to comply.
According to an arrest warrant filed in Toledo Municipal Court, the two motorcyclists traveled through the village at an “extremely high rate of speed” and failed to stop for police.
Authorities have not identified Mr. McCloskey as the motorcyclist who was shot, but family members confirmed he was hospitalized with a gunshot wound. Mr. Matusz said that his client has undergone several surgeries because of internal injuries and it is still uncertain whether portions of his right leg would need to be amputated.
According to an Ottawa Hills police report, Officer Thomas “Caine” White, 26, radioed for assistance at 2:18 a.m. in the stop of two motorcyclists. “White advised that he was westbound on Indian and that ‘[the motorcyclists] are messing with me,’ ” Officer Christopher Sargent wrote in the report.
Ottawa Hills police have refused to release the name of the officer involved in the shooting. However, Chief Bob Overmeyer previously said that the officer involved had been placed on administrative leave pending review of the incident.
Officer White, according to documents in his personnel file, is on leave.
The investigation was turned over to the Ohio Bureau of Criminal Identification and Investigation. As of yesterday, there was no new information on the investigation, an Ohio attorney general spokesman said.
Chief Overmeyer confirmed yesterday that village officials were aware of the lawsuit being filed. In a statement issued yesterday, the chief said that because the state has not issued a report on the investigation, the village is “not in a position to comment.
“I requested [that] BCI investigate since one of our officers was involved. BCI kept the evidence, including the DVD from the in-car camera. No Ottawa Hills officials have seen the DVD,” the chief said in the statement. “Further, Officer White has not returned to work, filed his report, nor spoken with anyone from [Ottawa Hills police]. The OHPD is conducting its own administrative investigation.”
Attorney Jerry Phillips, who is representing Officer White in the criminal investigation, said yesterday that his client had not yet been interviewed by state investigators. He said he believed the case would eventually be presented to the Lucas County grand jury.
Mr. Phillips said he was aware of the civil lawsuit but had not seen it.
Mr. Matusz said yesterday that Mr. McCloskey was employed at a club on Bancroft Street, and was working that night. He said that although a Maumee resident, Mr. McCloskey had been living with a friend in Ottawa Hills for the past few months and that he and Mr. Snyder were headed to that home.
According to the suit, the two men were not aware it was a police officer behind them and so sped up to get away from the approaching vehicle.
After they were stopped, Mr. McCloskey remained on his bike until he was shot, his attorney said. “There’s no reason to wait for the criminal case; Michael needs help now and it will take years to litigate,” Mr. Matusz said of filing the civil case. “If we had some doubt as to what happened, maybe we would have waited to see some official reports. But we are absolutely certain about what happened here.”
The lawsuit, which asks for damages in excess of $300,000, was assigned to Judge David Katz.
Staff writer Erica Blake contributed to this report.
Contact Mike Sigov at:sigov@theblade.comor 419-724-6050.
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