BKM Managing Partner David Betras scores a big win for Trumbull County Commissioner Niki Frenchko, democracy, and Constitutional rights in federal court…
Federal Judge rules Trumbull County officials repeatedly violated Niki Frenchko’s Constitutional rights, Commissioner vows to continue fight for government accountability and transparency
BKM Managing Partner David Betras and Trumbull County Commissioner Niki Frenchko
“Here in America, we do not arrest our political opponents.” Those tens words comprise the first sentence of a scathing 81-page opinion in which U.S. District Court Judge J Philip Calabrese found that Trumbull County Commissioners Frank Fuda and Maro Cantalamessa, Trumbull County Sheriff Paul Monroe, and Trumbull County Sheriff deputies Harold Wix and Robert Ross willfully violated Commissioner Niki Frenchko’s rights under the First and Fourth Amendments to the U.S. Constitution when they repeatedly attempted to silence her and prevent her from representing the interests of her constituents.
The ruling comes in a federal civil rights lawsuit filed on Commissioner Frenchko’s behalf in March of 2023 by Attorneys David Betras and Matt Miller-Novak formerly of Austintown, Ohio who now practices in Cincinnati. In the suit they alleged that Commissioner Frenchko’s arrest during the July 7, 2022 Trumbull County Commissioners meeting was a “…ruthless false arrest intended to punish a political adversary for criticizing the County Sheriff…” In addition to finding that the five defendants had indeed violated Commissioner Frenchko’s rights, Judge Calabrese also stripped them of their sovereign immunity which means they can be held individually liable for monetary damages.
“I was compelled to file this suit because if public officials can use their offices and power to silence me, they can do it to anyone,” Commissioner Frenchko said after the decision was announced. This is a tremendous day for freedom of speech, the rule of law, and democracy,” “The people of Trumbull County elected me in 2020 because I promised to bring transparency and accountability to county government. When I kept my word, I was harassed, assaulted, and ultimately arrested, but I would not be intimidated. Today’s ruling both vindicates what I have done in the past and gives me the strength to continue fearlessly doing the people’s business in the months and years ahead.”
“I said at the time that this incident was a scene out of Russia and other dictatorships where despots like Vladmir Putin and Syria’s Bashar al-Assad routinely arrest and jail their political opponents,” Atty. Betras said. “But there it was, live on Facebook, an elected official arrested and silenced by her political enemies for exercising her First Amendment rights. It was absolutely chilling and I and Commissioner Frenchko are truly grateful that those who committed these vile acts are now being held accountable. This decision sends a loud and clear message: political oppression is not acceptable in the United States.”
Check out media coverage of the case on these outlets:
