A federal appeals court has overturned part of a lower court’s ruling that favored a former Trumbull County commissioner who was arrested during a public meeting, saying deputies had good reason to remove her. However, the court let some of her claims move forward, including state charges of false arrest and conspiracy.

The U.S. Court of Appeals for the Sixth Circuit ruled last week that deputies Harold Wix and Robert Ross had probable cause to arrest Niki Frenchko on July 7, 2022. The case now returns to U.S. District Judge J. Philip Calabrese in Youngstown for more review.

Frenchko in a statement said, “The panel didn’t just make a legal mistake, but misstated the record.”

She disagreed that her conspiracy claim wasn’t argued and that the dissent agreed with her.

“When courts get the facts wrong, it protects the very officials who orchestrate the wrongdoing. I’m a veteran, and I take the Constitution seriously,” Frenchko said, finishing with “I’m going to keep fighting because every American deserves a justice system that deals in truth, not political retaliation.”

Frenchko, a Republican commissioner, was handcuffed and taken out of a board meeting after interrupting a clerk reading a letter from then-Sheriff Paul Monroe. The letter defended the county jail’s medical care against Frenchko’s earlier criticisms.

In a 2-1 decision, the court said Frenchko’s actions disrupted the meeting, violating an Ohio law against obstructing public gatherings. “It was objectively reasonable for the officers to believe they had probable cause to arrest her,” Judge Amul R. Thapar said for the majority. Judge Richard Allen Griffin was the second judge on the majority.

This gave all defendants qualified immunity from Frenchko’s federal claim of unlawful seizure under the Fourth Amendment.

The court also dismissed Frenchko’s First Amendment retaliation claims against Monroe, former Commissioner Frank Fuda and former Commissioner Mauro Cantalamessa.

It said there was not enough proof they were directly involved in the arrest decision. “Their actions were those of vocal, albeit frustrated, bystanders, not active participants,” the majority opinion said.

But the court sent back Frenchko’s retaliation claims against Wix and Ross to the lower court. It said a judge must check if Frenchko was targeted for her speech in a way others were not, even with probable cause present.

On state claims, the court upheld the denial of immunity for all individual defendants. It said a jury could find they acted in “bad faith” by possibly planning the arrest ahead of time. Evidence included a pre-meeting talk between Monroe and Fuda, text messages during the event, and Monroe contacting a reporter just before the arrest.

In a partial dissent, Judge John Nalbandian argued the full retaliation claims against Monroe, Fuda and Cantalamessa should continue. He said conspiracy rules under federal law could hold them responsible if they helped plan the arrest. “The plain statutory text doesn’t just impose liability on the hands on. violator. It also reaches those who share in the general conspiratorial objective,” Nalbandian said.

Frenchko ran on exposing county issues and often clashed with colleagues. She called the arrest retaliation for her jail criticisms.