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Civil Rights Lawsuit against Police Referred to Mediation

Friday, March, 21, 2014


 

A federal judge has ordered a lawsuit alleging civil rights violations by Youngstown, Ohio police officers into mediation for an attempted resolution.  The lawsuit, filed by Desiree Johnson, alleges that Police Lieutenant Kevin Mercer had not only violated her 4th Amendment Rights against illegal seizure, but had a long pattern of such behavior that had not been properly investigated by the Youngstown Police’s internal affairs division.

 

Although U.S. District Court Judge Benita Y. Pearson stated that Johnson had successfully demonstrated a pattern of illegal behavior and a lack of response from the city that justified the lawsuit, she also ordered an attempt at mediation with the hope that part of a resolution would be a reformation of the city’s procedures and a real attempt to enforce internal affairs disciplinary actions for the police.

 

According to Judge Pearson, Mercer “engaged in a pattern of unlawfully seizing Youngstown residents in violation of their Fourth Amendment rights.”  In the incident that inspired Johnson’s lawsuit, Mercer is accused of performing an “intrusive search and seizure” involving Johnson’s young son, 12 years old at the time.  Judge Pearson also wrote in her decision that Mercer’s behavior was the result of his belief that “he could act with impunity in accordance with city custom” due to the lack of disciplinary action resulting from previous complaints against him.

 

If mediation fails to bring about a resolution, the trial is set to begin on April 21st.