Lawsuits accuse Put-in-Bay police of excessive force, racism

TOLEDO - A Michigan attorney is suing the Village of Put-in-Bay and current and former police officers over incidents that occurred in May and June, alleging that excessive use of force makes the two cases "poster children for systemic racism."

Ven Johnson, a Detroit attorney, alleged in the lawsuit that his clients were mistreated during one incident at Put-in-Bay on June 6, claiming police used excessive force against unarmed Black men and women.

The officers and village also face an excessive force lawsuit stemming from a May 24 incident, according to court records.

Trouble on the island

"This police force has been riddled with ridiculous misconduct to the point that the Ohio Attorney General cited them years ago and the police chief for failure to appropriately train them in use of force," Johnson said.

Johnson also mentioned an incident with former police chief Ric Lampela in which he waved a loaded firearm at one of his employees.

"We know what's going on in Put-in-Bay," Johnson said. "Put-in-Bay is where people come to party.... What are we doing here with the police and having them pull weapons and throw people on the ground when there's no violence involved or felonies being investigated or committed?"

One lawsuit name former Put-in-Bay lieutenant Michael Russo, the Village of Put-in-Bay and corporal Terry Rutledge Jr. while a second suit names officer Dwayne Webb in addition to Russo and Rutledge.

The lawsuit filed in federal court Nov. 5 against the village, Russo and Rutledge seeks more than $75,000 in compensation.

More:Watch body cam footage from Put-In-Bay police golf cart stop that escalated to Taser use

More:6 men charged with aggravated riot at Put-in-Bay

More:Rioting charges dropped against men in Put-in-Bay incident

More:Officer involved in Put-in-Bay riot arrest placed on leave

More:Put-in-Bay police chief on leave, 2 officers resign after controversial arrests

The June 6 scuffle

The lawsuit was filed on behalf of Diamone Wilson and her brother Ryan Hollingshed, who were detained in what Wilson called a racially motivated stop on June 6. Also named as plaintiffs in the filing are Panzie Hunter and Paris Hunter, who were passengers in a golf cart driven by Hollingshed.

Johnson said the case was "absolutely" racially motivated, saying no one involved had a weapon, drugs or was illegally consuming alcohol.

Put-in-Bay police on June 6 stopped the golf cart driven by Hollingshed for having too many passengers and a fracas ensued after police began questioning Wilson, Hollingshed and others.

Six Black men from Sandusky, including Hollingshed, were arrested and charged with aggravated riot, a third-degree felony, as well as resisting arrest and assault, after their golf cart initially was stopped for alleged traffic violations.

The men spent the weekend in the Ottawa County Jail before being booked, only to be released on June 8 around 1:30 p.m. after all charges were dismissed by Ottawa County Prosecutor James VanEerten.

Following the complaints of the arrest being racially motivated, the Federal Bureau of Investigation opened an investigation.

Vicki Anderson-Gregg, a special agent with the FBI office in Cleveland, said Monday there was no update as the investigation continues.

When Russo and Rutledge stopped Hollingshed for running a stop sign and having too many passengers on the golf cart, Russo said he believed Hollingshed passed something to Wilson, according to police body cam footage obtained by the News Herald in a public records request.  

In the lawsuit, Johnson said Rutledge placed Wilson in handcuffs and told her she was under arrest for "it" without identifying what it was.

Weapons drawn

Russo then directed Rutledge to handcuff Hollingshed when he went to help, and Russo lost his balance and fell, the lawsuit said.

"As Russo got to his feet, he suddenly took out his firearm, pointed it at Diamone (Wilson), Panzie, Paris and the other parties on the scene, threatened to shoot them and inexplicably yelled at them to 'get back,'" the lawsuit said.

Russo then told Hollingshed he was under arrest and he and Rutledge began grabbing his arm to place him in handcuffs.

Both officers had drawn their firearms, as a group of friends of those being arrested began recording the incident on cell phones.

The parties asked the officers to lower their weapons, saying that no one was armed or being aggressive, the lawsuit said.

Johnson said while police are trained to deescalate situations, Put-in-Bay officers did the opposite.

Wilson was told to get on the ground while Russo told Rutledge to use his stun gun on one man, according to the filing.

Additional officers arrived and, with weapons drawn, began forcing several members of the party to the ground, the filing said.  

Russo instructed officers place everyone in handcuffs, including the plaintiffs named in the lawsuit.

Hollingshed was then forced to the ground by Russo and two other officers with a stun gun.

The four plaintiffs were transferred to holding cells, while Wilson, Paris and Panzie were released.

Johnson said in the lawsuit that Wilson, Paris and Panzie were released without being arraigned or being told what their charges were.

Six men charged

Hollingshed and five others were charged with aggravated riot and resisting arrest and transported to the Ottawa County Jail.

Johnson said Hollingshed was forced by armed officers to walk handcuffed and shackled to the other side of the island to be transported to jail.

Less than 48 hours later, Hollingshed and the five others were released by VanEerten following a protest at the courthouse organized by Wilson. 

As a result of the incident, police chief Steve Riddle and officer Nicholas Santora were placed on leave while Russo and sergeant Melissa Wilde resigned from the department.

Johnson said in his filing that Russo and Rutledge owed a duty to the plaintiffs to act in a lawful and reasonable manner and to "avoid the use of excessive and/or unnecessary or unreasonable force." 

Johnson argues that Russo and Rutledge were "grossly negligent and acted so recklessly as to demonstrate a substantial lack of concern that injury would result."

The attorney said his plaintiffs sustained physical pain and suffering, mental anguish, fright, shock, embarrassment, humiliation and lost wages.

Failure to train

In the lawsuit, Johnson said the village has had a custom of failing to adequately train or supervise its officers and acted as the "moving force" behind the deprivation of each plaintiff's constitutional rights.

In recent months, the village was sued by Russo, who filed a federal lawsuit seeking payment for comp time, claiming the village violated policy, referring to termination resulting in all unused compensatory time to be paid out to the officer.

Russo said in his filing that he had more than 800 hours of unpaid comp time accrued from overtime worked and was not paid upon termination.

Put-in-Bay Mayor Jessica Dress contends Russo was not terminated, saying the former lieutenant offered a verbal resignation following the incident.

Wilde, who was not alleged of any wrongdoing in the June 6 incident, filed a Civil Protection Order against the former acting police chief

Dress decline to comment on the pending litigation.

A second lawsuit

In a separate lawsuit filed Nov. 5, Johnson named Russo, Rutledge, the Village of Put-in-Bay and officer Dwayne Webb as defendants claiming excessive force in a May 24 incident.

In the lawsuit filed Nov. 5, Monica Gulledge and Lyle Taylor allege while Russo was responding to a sexual assault claim made by someone who had nothing to do with the two, Russo approached Gulledge and Taylor and began assaulting them without making it known he was a police officer.

The lawsuit alleges Russo body slammed Gulledge to the ground and wrongfully and illegally assaulted and detained Taylor. 

Gullege, whom Johnson described as 5 foot, one inch tall and weighing 92 pounds "soaking wet," was approached by Russo from behind and slammed to the ground.

Russo said in a police report that Gulledge was the aggressor, saying she elbowed him, but Johnson said Russo did not identify himself as an officer before touching Gulledge from behind.

"Under the law, if the officer illegally touches you, which is a battery, you have the right to protect yourself and use self-defense," Johnson said.

Johnson said Webb and Rutledge were named in the lawsuit because he has seen no evidence that those two stepped in to stop Russo's excessive force, saying they have a duty and obligation to stop the use of excessive force.

"At five feet, one inch tall and 92 pounds, no matter what she's going to do to me, it ain't going to be a whole lot and it doesn't justify anything," Johnson said.

As a result of the incident, Johnson said Gulledge and Taylor sustained economic and non-economic damages.

Gulledge was eventually released from her holding cell on the island, but Johnson said she was kicked out of her hotel room after the incident and was unable to go back to her room to sleep.

"They all were mistreated, they all were being investigated for minor offenses," Johnson said of the two lawsuits. "Ms. Gulledge and Ryan Hollingshed were unarmed, and thrown to the ground."

The only justice done in each case, Johnson said, was when VanEerten dropped charges against the two plaintiffs.

"He knew what ridiculous nonsense this was," Johnson said.

cshoup@gannett.com

419-334-1035

Twitter: @CraigShoupNH