Kimble's Case Settles For Significant Amount
Recently, the Lyndal Kimble civil rights excessive force claim settled as the trial date
loomed. The reports indicate the case settled as high as any case ever settled in regards
to the City of Warren's past civil rights case settlements.
Northern District Court Judge Economus has insisted apparently on encouraging the parties to settle the claim instead of having the same proceed to trial where the national media would have probably appeared and covered the outcome due to the high profile nature of the case's amature video which made national news four years ago when the incident occured in the summer of 2003.
This is a progressive outcome for the clients and the issues. It demonstrates the underlying
civil rights case, despite the subsequent criminal conviction of Mr. Kimble was both serious and
substantive as I had orginally believed and many others in the legal community arount the region and the nation understood.
Olivito was quoted as stating in light of the settlement on a case he orginally filed in early 2004 and he successfully defended throught the original stages in both the district court and
at the Sixth Circuit Court of Appeals in Cincinnati, winning a critical case's defense challenge at the Court of Appeals in early 2006 against seroius odds and despite his own professional challenges and attacks which were derived from inside the Mahoning County Bar Association
in the same period.
"I would hope this case's solid settlement represents an acknowledgement by the City of Warren officials and officers that they did not escape without a finding of actual liability in some regard for the acts of their officers in relation to this high profile incident. It ought to put others on notice that such conduct can be successfully litigated against where important and fundamental american civil liberties are at stake, even where the clieint is sometimes not as
normative as many would appear"
"I truly take some encouragement that the children of Mr, Kimble who witnessed the original seroius incident will have something come to them from the city which allowed this kind of conduct to occur against a resident and citizen of the midwestern eastern Ohio city where Olivito took the case from in the summer of 2003."
Olivito and Kimble appeared in the summer of 2003 on Good Morning America, O'Reilley Factor and MSNBC and Fox's Rita Cosby and other national news media shows in light of the
serious video taped incident and later Mr. Olivito used this incident to help bring about a U.S. Justice Department review of the standards and pattern and practices of the Warren Police Department in the latter part of 2004 and 2005 to the present.
"This case is a true landmark case for Warren and eastern Ohio due to the high profile nature of what was viewed by millions as improper and unacceptable polie conduct against an arrestee who otherwise was not seriously resisting nor in any way assaultive against these officers.
Its ultimate purpose was to help numerous others in this region to realize that this type of conduct is both actionable and capable of review inside a federal courtroom and is unacceptable and it ought not be kept in the dark nor under wraps by the present midwest american legal system in our modern era."