Lawsuit can proceed against Lima police: Girl was arrested for obscene gesture (Toledo Blade)
Tuesday October 22nd, 2013
COLUMBUS — A girl whose mother was shot and killed before her eyes in 2008 by a Lima police officer can sue police for arresting her three years later for directing obscene hand gestures in their direction, a federal appeals court ruled Thursday.
A three-judge panel of the U.S. 6th Circuit Court of Appeals in Cincinnati unanimously found that police did not have grounds to arrest the 11-year-old girl, identified in court documents as minor T.W.
It upheld a lower court ruling that the officers were not immune from false arrest, false imprisonment, and retaliation allegations. The retaliation, the suit alleges, was because the youth’s family received a $2.5 million wrongful-death settlement from the city’s insurance carrier.