The Sixth Circuit Opinion on the national media covered lawsuit and police
misconduct incident is now available on line and thru various sources on
the internet.
The published opinion 439 F3d. 331 2006, demonstrates how a solo lawyer under tremendous
pressure from the local regional bar association of Mahoning County, a federal district
court and a large insurance industry defense firm with close ties to State Supreme
Court Chief Justice Tom Moyers won and won significiantly on the law and thru
old fashioned hard work and critical legal reasoning which won the day at
a leve that is far and above the cronyism that is so common at lower level
state and district courts in the Northern District of Ohio.
The Kimble opinion clearly demonstrates the Attorney Olivito, six months
prior to his state supreme court suspension which was a so thinly veiled
attack on his law license and reputation derived from the locale where this
national televised and high profile police misconduct federal claim arose
directed by both a Greek police chief and a greek federal judge from
Youngstown Ohio won the day for the client with his solo efforts
by strongly overcoming a Weston Hurd novel argument that attempted
to use and maniuplate the procedural case's history at the district court
in Youngstown.
The opinion which is turning up in several post Kimble matters has also been recently cited by the U.S. Supreme Court for its reasoning and legal effect.
The case is available on several links and is available on line at the links listed
at the side bar in this blog at Kimble v. Hoso.
It represents a clear triumph of the individual and the solo plaintiff and solo plaintiff
trial counsel over much greater odds, including a powerful local police and city interests
as well as politicized law officials and even a questionable judicial officer named
Peter Economus who is a Clinton appointee from the 1990's.
This high profile case is very interesting for several reasons but among them is the
the interesting interplay between politics and law and even what and whose interests
do when they meet at one district court level but yet are prevented at the highest court levels where actual legal reasoning and independent judicial decision making become the basis for a geniune independent legal outcome and decision, free from personal lawyer bias and insurance industry influence.
Tuesday, June 24, 2008
Thursday, February 14, 2008
Olivto and Kimble Achieve a Solid Settlement and Realize Another Important Victory
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."
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."
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