Lyndal Kimble's hard fought civil rights case against the three Warren Police officers who beat him in front of his minor children and wife and neighbors on a bright sunny day in June of summer of 2003 has won a critical appeal by the briefing of Attorney Richard A. Olivito.
As a result, the case will be able to continue on inside the Northern District Court of Ohio in Youngstown where it has recently won yet another subsequent legal victory, post the Sixth Circuit decision in the original District Court this year, after more briefing was done with the efforts of Attorney Bill Hinant Jr of South Carolina built upon that which attorney Richard Olivito had originally created for the basis of a significant legal victory for Kimble earlier at the Sixth Circuit.
The case is a critical civil rights constitutional case which related video tape
made national television news and sparked a series of constitutional claims
against the city and brought about a Department of Justice investigation
and review of the City of Warren, Ohio's police department and officials.
The case has been in litigation since early 2004 but was subjected to a lengthy
delay as a result of the defense firm of Weston Hurd taking an interlocutory
appeal to the Sixth Circuit in an attempt by the City to dismiss the case
without discovery or having a trial on the merits.
The case became one of the most controversial and highly covered legal cases in the Youngstown Vindicator and Warren Tribune chronicle's history.
It also made national print media when the video tape was shown live on GMA
and related cable news stations nationwide. The Cleveland Scene Magazine also
did a cover story called the "Blue Mob", early in 2004, featuring Kimble and Olivito, after this case and others began to take on a life of their own inside Cleveland media market
The case contained a video tape which was made by friends of kimble on the
saturday afternoon which shows the excessive force that was employed against
Mr. Kimble as he pulled his car into his front yard on Kennilworth Avenue
in Warren's distressed neighborhood, on a bright sunny early afternoon.
The police claim that Lyndal did not use a turn signal and this is why they
pulled into his driveway and then proceeded to pull him from the car and then proceeded to
punch, kick, body slam and use mace and a metalic object against him repeatedly
ABC news Good Morning America and Fox's Bill O'Reilley both played the
video tape for a national audience in early July of 2003, the same summer
Bush was declaring victory in Iraq.
This significant milestone at the Sixth Circuit, done on the briefs written exclusively
by Mr. Olivito, represents a clear victory for the solo litigation efforts of both
Mr. Olivito and his client Lyndal Kimble.