Lawsuit claims false arrest

PUT-IN-BAY — Two Put-in-Bay visitors are suing a village police officer and Ohio law enforcement agent, claiming they used excessive force during an arrest this past July. John C. Trueman, of Norwalk, and Joanne Nicholson, of Vermilion, filed a lawsuit against Put-in-Bay police Officer Eric Seitz and Ohio Department of Public Safety Agent Travis Kling for an alleged incident at an island bar during the Put-in-Bay "Christmas in July" event. According to the lawsuit, which was filed Wednesday, Seitz and Kling used excessive force while arresting Trueman and charged Nicholson with a resisting arrest offense "without probable cause or reasonable belief." They were arrested July 25 at the Mojito Bay bar, where Trueman, his wife and Nicholson were celebrating a wedding anniversary, the lawsuit states. Trueman did pull-ups on an exterior rafter at the bar, prompting police to be called to the scene, the lawsuit states. Seitz entered the bar and plain-clothes officers pointed Trueman out as the person who did pull-ups, the lawsuit states. The lawsuit then details what allegedly happened next: • Seitz told Trueman to "walk this way," directing him to leave the bar. Trueman purportedly smiled and followed behind Seitz. • Seitz then allegedly "grabbed Trueman, from behind, throwing him onto the ground." • Kling allegedly joined the engagement and "aided and abetted" the attack. • Seitz allegedly used a Taser on Trueman twice and then accidentally shocked himself. • Nicholson then attempted to inform agent Kling of Trueman's seizure disorder and was charged with resisting arrest. The plaintiffs claim a Put-in-Bay police report of the events does not accurately represent what happened and goes against what's purportedly shown on police body camera video, according to the lawsuit. Nicholson's resisting arrest charges were dismissed by Port Clinton's municipal court, after the prosecutor reviewed the evidence and deemed she had been "improperly charged," according to the lawsuit. Trueman was initially charged with assaulting a police officer, a felony offense, the lawsuit states. His charge was reduced to misdemeanor disorderly conduct, to which he entered a "no contest" plea and was found guilty. The lawsuit brings claims of excessive force and assault and battery against both officers along with a malicious prosecution claim, First Amendment violation and 14th Amendment violation against Kling. Seitz and Kling have not yet filed a response, and it's not clear if either has retained counsel who could speak on their behalf. Put-in-Bay village solicitor Susan Anderson said she had not received a copy of the lawsuit as of Wednesday afternoon. Trueman and Nicholson are represented by the Leslie Murray law firm in Sandusky.