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Posted: 9:00 p.m. Tuesday, Dec. 25, 2012
By Mark McGregor
ENON —
A $3.2 million federal lawsuit filed by Larry “Ned” Clark and his wife that claimed several violations by the village of Enon, former Mayor Clifford Vernon and former Police Chief Troy Callahan was settled recently for $60,000.
Mayor Tim Howard recently said to council members, “An offer to end the case was delivered in the amount of $60,000 in a good-faith attempt to limit further defense expenditures.”
It was accepted by the Clarks for a full and final release, including any claim for attorney fees, he said.
The settlement was paid by the Ohio Government Risk Pool, a group that insures public entities, and to which Enon subscribes.
According to records requested by the Springfield News-Sun, the village paid a more than $28,800 annual premium to the pool in July this year.
Clark’s lawsuit in U.S. District Court stemmed in part from the village’s alleged failure to provide him with public records requested in preparation for a trial for a speeding ticket issued by Callahan in 2009 and an alleged unlawful arrest by Callahan during a council meeting on the charge of disrupting a public meeting, according to court records.
Clark’s arrest and jailing was ordered by Vernon about halfway through a scheduled and prepared five-minute speech by Clark before council in 2010, titled “Free Speech,” according to the filing. The charge was later dismissed by the Springfield municipal prosecutor.
“The federal lawsuit was never about financial gain, it was about free speech and the right to a fair trial,” Clark said. “Even while pursuing a legal remedy regarding the arrest and incarceration, I was once again issued a citation by Chief Callahan directly in front of my house that was also dismissed due to a lack of evidence.”
He and his wife spoke before council several times to ask if council members would act on his alleged false arrest before filing the lawsuit.
“All we wanted was an apology and payment of legal fees (in relation to my arrest),” Clark said. He said the cost then amounted to about $1,200.
Clark also sought medical treatment for “injury caused by the handcuffing and rough treatment” during the arrest, according to court documents.
The suit also alleged Callahan who resigned this year, harassed and intimidated Clark and his wife over several years by driving by his house at slow speed and attempted to interfere with his son’s employment as a Dayton police officer.
An investigatory audit document produced by the Bureau of Criminal Investigation and obtained by the News-Sun indicates Callahan contacted Clark’s son’s commander on at least two occasions to complain about about his son.
Callahan is also alleged to have asked BCI to conduct an investigation against the officer and the commander.
“When my attorney called me and and told me they offered to settle, he thought it was good enough being the fact that when I filed the lawsuit, there was a different mayor and a different police chief,” Clark said.
“With the resolution of this matter, the village of Enon is looking forward to a positive, productive year in 2013,” Howard said.
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