Taser victim seeks millions
By MARLY KOSINSKI Tribune ChronicleYOUNGSTOWN - The Howland woman repeatedly shocked with a Taser by a Warren police officer last September outside a bar has filed a federal lawsuit against him, the city, the police chief and the safety service director.
Heidi Gill, 39, 700 Pintail Drive S.E., filed the suit Thursday in U.S. District Court. She is being represented by Boardman attorney Mark Hanni.
The suit names Officer Richard Kovach, the city, Chief John Mandopoulos and Safety-Service Director Doug Franklin. No specific dollar amount is mentioned, but Hanni said he is seeking several million dollars.
The suit claims violation of Gill's constitutional rights, assault and battery, emotional distress and false arrest.
A Sept. 2 video shot from the camera in Kovach's cruiser showed the officer using the Taser numerous times on Gill, twice while she was in handcuffs. The last jolt caused her to fall to the pavement where she was knocked unconscious. Prior to that, Gill is seen on tape trying to kick out a rear window of the cruiser.
The video shot in the parking lot of the Up A Creek bar received national attention.
The suit claims Kovach's "unlawful conduct resulting from the abusive and repeated use of his taser weapon caused her to fall to the ground twice striking her head with great force and violence, resulting in paralysis of her muscles, and loss of her mental faculties, thereby causing her to sustain multiple bodily injuries."
Gill claims she suffers from black outs, dizziness, seizures and pain - conditions that have required extensive medical treatment in excess of $10,000 and will continue to require future medical care.
She also claims the arrest was a violation of her Fourth and 14th Amendment rights.
The city, Mandopoulos and Franklin are being sued because they "ignored recommendations made by the U.S. Justice Department following an investigation it conducted concerning the policies and procedures of the Warren police department" and because Franklin and Mandopoulos "have condoned the misconduct of officers," the suit states.
Hanni said he and Gill plan to litigate the lawsuit to the end.
"The city of Warren has been sued too many times, and it's time for them to wake up and realize something is wrong," he said.
Mayor Michael J. O'Brien and Mandopoulos said they had not seen the lawsuit and could not comment.
Kovach, who is the defendant in another federal lawsuit filed over an illegal traffic stop last summer, did not return a message seeking comment Friday evening.
Gill could not be reached for comment.
She is due in Mahoning County Court in Austintown Monday on charges of assault, disorderly conduct while intoxicated and failure to desist after being arrested July 2 outside Denny's Restaurant in Austintown.
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Hickey
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08-06-08 9:43 PM
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I am with Dschweck on this one. It is not illegal to drink and the only problem is if you are responsible for illegal things you may do while you are drunk, but that does not mean you should be taszered like she was just because of it.
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Dschweck
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08-05-08 3:18 PM
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VoiceofReason;You need to check out how many 'Drunk & Disorderly' calls WPD responds to in a day/week.If you do dig,just a little,you will find that Kovach created this mess that we all will pay for.The womans level of intoxication is even Less of a reason for Kovach to abuse a mechanical detention device.He likes pushing his Sh*t around like there is 'No stopping him'.Looks like he will be Clocked(as will the city) by the 120lb,non threatning woman he could not control.Drinking to Stupid could be illeagal.Acting in Kovach's manner,is Always illeagal!You are wrong.
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Hickey
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08-04-08 10:14 PM
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Maybe once she makes the millions from the police officer who used the taser too much, maybe that girl will sue her for whatever she may have done while intoxicated. My problem with the whole thing is where does that first millions come from? Our pockets. If you work government supported job like a police officer, tax payer's money is used.
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KarmaChameleon
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08-04-08 8:08 PM
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Amen, VoiceofReason!
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VoiceOfReason
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08-04-08 2:10 PM
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I love these statements... "paralysis of her muscles, and loss of her mental faculties; suffers from black outs, dizziness, seizures and pain." Sober up and that goes away Heidi. You might find out that you grow up when you sober up. You're the victim of your own circumstances. The world isn't at fault for your ignorance and binges.
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VoiceOfReason
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08-04-08 2:05 PM
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Gill needs to sober up and engage the real world. Maybe the teenager she smacked around at Denny's should sue her for millions. Just drop it Heidi and get on with life. Enroll in AA or something and you will solve your taser problems.
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Hickey
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08-03-08 11:45 AM
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I understand that police just like anyone else are human and make mistakes and face disciplinary actions for them, but come on, I would expect getting days off for something like being excessively late to work or something like that, not something that costs the tax payers millions in lawsuits.
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Hickey
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08-03-08 11:40 AM
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This is exactly what I mean. Instead of writing our complaints in these forums, why don't we take it a step further and have meetings for the people and get the public involved in letting them know how serious we are about how our tax money is spent? You know if we reported such meeting to the news that they would show up and our voices would be heard. Anyone on the forums like to donate time in a hall or something where we can have these kinds of meetings? The reason I say a hall or large complex is I would expect a lot of us people feel the same way about this and would love to show up and be heard. I am sure these postings don't do much as far as action to resolve the issues, but a publicly announced meeting would using the news as the motivation.
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kenneth1963
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08-03-08 5:12 AM
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Tranc the chief gave kovach a 10 day suspension for the brown case and 60 day for gill. Franklin uped the brown penalty to firing him. the ruling was that franklin had no right to increase the punishment. if the chief had fired him, then it would have been a different ruling. Warren negotiated a contract with the police that is idiotic. If they call a policeman in for overtime he/she gets paid from the time they call even if they show up hours later. Franklin can reduce penalties but not increase them means that the Chief is the only one who can fire an officer and Mandyass wont do his job.
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Hickey
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08-03-08 12:28 AM
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I feel that from the responses from many articles that many of us wonder where our tax paying money goes to. Why don't we all for a meeting place and organization and have the news present and invite these people in these cases to come before us and explain what our money is being spent on? Yes the news can tell us about it, but they use our money, let's take a bigger step on making sure they use it properly. Technically, we the people (taxpayers) are their boss, in a sense.
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Hickey
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08-03-08 12:22 AM
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I just watched the video and I would say the girl seemed like no threat to the police officer. It states that he thought it was not working right as he kept doing it even thou she was obviously getting zapped. I am sure she was drunk and not acting properly, but I don't quite feel the taser was needed for this. Do I feel the police need them in some cases, yes. Do I feel they needed it in this one, no.
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lane4775
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08-02-08 11:33 PM
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Did I say that she didn't have any rights?? Did I say good job Kovach?? Ummm no, What I said is that I don't want to pay a drunk chick for screwing up and catching a few zaps. I'm not even saying she deserved what she got but I don't want to pay anymore taxes because the city has to pay out the nose for what this guy has been doing to "civilians" Is it right nope,,,none of it's right or fair for that matter but why should we pick up the tab for these 2? I will say it again... He needs to be fired...no pay, no health coverage, no desk job, nothing and she needs serious help. AA rehab, some sort of mental professional, but not at my expense or any other tax paying citizen of Warren.
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letsgopens87
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08-02-08 10:34 PM
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Djg44484, you're a genius, that's the answer, let's shoot everyone who has too much to drink and acts like an idiot. That's a brilliant insight on your behalf. I'm pretty sure half the population would be dead if that were the case. I don't want people like her driving on the roads any more than you do. DUI checkpoints and other methods to control drunk drivers would be a start. Its your right to stay off the roads after 9, just as its someone's right to NOT be tasered repetitively while in handcuffs.
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Trancemage
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08-02-08 10:26 PM
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keep that in mind next time they call asking for $ for support. I did.. don't think they will call back.
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letsgopens87
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08-02-08 10:25 PM
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I don't think any of us are trying to justify the actions of this drunk Gill. She obviously needs some AA rehab and shouldn't be drinking...period. With that said, she DID NOT deserve to be assaulted over and over and over with a taser while in handcuffs by a "man" half her size. Actually to call kovach a man is giving him way too much credit, he's an animal that abused his power in a way that should prevent him from ever putting on a uniform again. Its unfortunate that he gives police that truly do protect us a bad name. Those who act the way gill did need to be arrested and handled in the proper way, no doubt. The use of tasers in that manner if complete bullsh@t and is completely unnecessary. Its nothing more than a cowardly act by an officer that can't control a 120 lb woman, nice work bozo.
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Trancemage
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08-02-08 10:25 PM
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hey, kenneth1963, just a note, the ohio benevolent association force warren to hire him back. They said the the Chief I beleive had no grounds to fire him.
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kenneth1963
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08-02-08 9:32 PM
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dsch kovach has already cost the city or their insurer a lot of money. with him on the payroll the premiums are bound to go up. what some of you are not seeing is that a police officer does not have the right to inflict torture on someone for saying "no". appropriate force for a 250# man on a 120# woman ??? did he need to use anything? and all the charges he made??? the video doesn't show her assaulting him, it is the reverse. he has cost the taxpayers money already franklin at least tried to fire him but the police chief let him off easy on the charges. the chief needs to wake up and run the department. already paid or pending lawsuits include: 1.the girl he arrested for driving too close to his personal car 2. the 140# man he put in the hospital for walking from the hospital 3. the dukes girl he beat whle she was handcuffed 4. the police officer's son - brown i think 5. gill there may be others rumor has it that some others have been settled with nondisclosure agreeme
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Dschweck
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08-02-08 8:59 PM
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Lane & dgj;You both need to take a look around.You atre living in the USA sportsfans.Stupid drunk citizen has the same civil rights as your little old grand ma.The rabid actions of the Kovach needs to go punished.She will pay her Criminal fines.She's a civilian.He was a Police/Peace officer that went way over the Rage limit too many times.He will cost the city a bundle.Sad he was not removed long before the Howland incident.Now he,Warren PD and other individuals are truley 'Up a Creek'!
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djg44484
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08-02-08 8:48 PM
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She should be lucky he didn't use a real gun on her. It's sad to see our police have to go through this pussification process of tasers just so they can protect me and you. Next time, perhaps the guns should be ablazin'. Just think if she made it to a car to drive away. People like her still on the road will keep me off the road after 9 p.m. considering she can't hold her liquor, still.
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lane4775
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08-02-08 8:38 PM
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All of you so eager for "warren to get out their checkbook" need to wake up~we as tax payers will pay her millions for being a stupid drunk because it isn't just the officer she is suing! She should sue be Denny's too because I am sure their grand slam provoked her!!! I am not saying that Kovach handled it properly, he didn't at all, but she is an idiot so why should she be compensated for that? They were both wrong so fire him and put her in jail for a few months, then send her butt to rehab....she obviously needs it... anger management wouldn't hurt either!!!!!!!!!!
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letsgopens87
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08-02-08 7:27 PM
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Exactly right cat...
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letsgopens87
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08-02-08 7:27 PM
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Exactly right cat...
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cat1245
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08-02-08 6:02 PM
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Serve and protect--on the cars they drive. Even stupid drunks have a right not be abused to the point she was. Both have histories of acting stupid. The difference--he is suppose to be a professional!!! Trained in how to deal with this situation. He over stepped his bounds, thus--breaking the law himself. Shewill not recieve all the monies she is seeking but I am sure she will recieved something. Even though she is an idiot-we as the public should not condone his behavior. He is the one costing the local government monies out of our pocket!!
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letsgopens87
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08-02-08 3:44 PM
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There is a difference between reasonable and excessive force. You're telling me a man kovach's size can't control a woman in handcuffs, he has to continuously assault her over and over again with a taser?! Bullsh@t!! What she did was wrong, I'm not arguing that. What he did was worse. Two wrongs don't make a right. He is supposed to be a professional. What did was criminal. He is nothing but a piece of crap that over stepped the boundaries of his authorities. His past speaks for itself, just take a look at the cases against him. Or is that just a weird coincidence?! I don't think so.
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Dschweck
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08-02-08 3:44 PM
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TomSmith;Still drunk from last night?You are sounding more like a radbid cop yourself,day by day..You need to come up for air and put the glass pipe down.This woman screwed up but,the WPD and Kovach "Abused their authority"..Being drunk and stupid is not a Civil Rights Violation.Acting as Kovach did,IS!Get the check book out WPD.
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