The following article contains various allegations against municipal entities and individuals as stated in a complaint filed in a lawsuit. Readers should be mindful of such allegations until proven true in a court of law.
CRESTLINE — Former Crestline Police Chief Joseph Butler is suing the village and several individuals for a total of $1.6 million and his reinstatement to his position of Crestline Police Chief.
The lawsuit was filed Tuesday in the United States District Court for the Northern District of Ohio’s Eastern Division in Cleveland.
“Mr. Butler first contacted me and I began working on his case. I had worked on several cases in the past with the Gittes Law Group and brought them in on this one. The suit was filed (Tuesday) in Cleveland,” said attorney E. Roberta Wade, who has offices in Galion and Columbus. “Fred Gittes is nationally well-known and is the lead attorney on this case.”
The complaint with jury demand was filed against the village along with five individuals, four of whom are being sued both in their capacity as officials of the village and personally. They include Mayor Joy Miley, Village Administrator John Rostash, Village Solicitor Rob Ratliff and Crestline Police Chief Jeff Shook. A fifth individual, former mayor Allen Moore is being sued personally.
Wade said officials may be sued personally if they act outside the scope of their official capacity.
“They are responsible for those types of acts,” Wade said.
The complaint states Butler, who was at the time Crestline’s police chief, engaged in the protected activity of reporting offensive racially discriminatory remarks by then-Crestline Mayor Allen Moore in 2018.
The complaint continues that, in response, Butler was the subject of retaliation by the defendants, including Moore, former council president and current mayor Miley, Crestline’s current and former administrators, Rostash and Ratliff, and Shook. It states that the defendants filed and widely publicized multiple false and defamatory charges of misconduct against the Butler, publicly announced an attempt to have Butler criminally prosecuted and took other steps to force Butler to give up his position as police chief, which he did Nov. 19, 2018.
In the facts of the case, it is noted that Butler began as an auxiliary officer in Crestline in 2000 and was hired later that year as a patrol officer. He was promoted to chief in January 2012 and had no disciplinary issues or negative performance evaluations throughout his time on the force.
Butler’s uniform included a body camera and it was reportedly his regular practice to leave the body camera on and recording throughout the day before leaving it on the charger overnight. His purpose in doing so was to keep accurate track of potentially important conversations with other employees as well as to have a reliable record of meetings.
On June 25, 2018, Butler visited the personal residence of Crestline’s then-mayor, Moore, in order to follow up with him about certain village business. Butler, consistent with his practice, was wearing his body camera and it was turned on. During the conversation, Moore repeatedly used derogatory language to describe African-American residents of Crestline or other African-American individuals while discussing issues regarding the village.
Butler found Moore’s racially discriminatory language concerning and decided it needed to be reported.
On July 23, 2018, Butler made a written equal employment opportunity (EEO) complaint to Crestline’s then-solicitor, Jon Burton, at Burton’s office in Mansfield. Burton instructed Butler to file a report with then-village administrator Ratliff, which he did.
Ratliff and Burton decided the village should hire an outside investigator, local attorney Michael Bear, to investigate Butler’s EEO complaint, and directed Butler to file his complaint with Bear, which he did July 26, 2018.
On August 23, 2018, Butler provided Bear with policy documents for the village and its police department and an electronic copy of his body camera recordings of Moore from the incident involving the racial slurs on June 25, 2018.
On Aug. 29, 2018, Bear interviewed Moore about his use of racial slurs in his conversation with Butler. That same day, Butler was informed by Ratliff, on behalf of Moore, to attend a meeting of “high importance” the next day.
On Aug. 30, 2018, Butler attended a meeting with Moore, Ratliff, Crawford County Sheriff Scott Kent and his chief deputy, Chad Filliater, and then-Crestline Village Council President Miley. At the meeting, Butler was relieved of his duties as police chief by Moore and placed on indefinite paid administrative leave that was approved by Moore and signed by Miley.
Butler reportedly requested an explanation and none was provided.
The complaint states that the restrictions put on Butler during his administrative leave were unusually restrictive and that Crestline officials suggested to various members of the media that Butler had committed serious, but unspecified, misconduct.
On Sept. 1, 2018 Rostash replaced Ratliff as the village administrator.
The complaint alleges that the defendants went to extraordinary lengths to justify the removal of Butler from his duties, including changing locks and removing a door handle to gain access to the police department property room, a breach of police policy.
On Sept. 3, 2018, five days after interviewing Moore, Bear released his official report regarding Chief Butler’s EEO complaint. Bear confirmed that Moore had violated village policies prohibiting race discrimination, including by making “graphic or degrading verbal or written comments.” Bear’s recommended response was limited to requiring Moore to attend sensitivity training and admonishing him to stop using racial slurs and violating the village’s non-discrimination policy.
On Sept. 17, 2018, while Butler remained on leave without any information about actual or potential misconduct allegations against him, Crestline hired Shook as police chief.
The complaint alleges that Shook was instructed by Moore, Miley, Rostash and Ratliff to generate unsubstantiated allegations of misconduct by Butler. It states the defendants then contacted the Crawford County Prosecutor’s Office to seek criminal charges against Butler. This led the Crawford County Prosecuting Attorney to make a public announcement that he was opening a criminal investigation of Butler and the Village of Crestline.
On Sept. 18, 2018, Moore was allegedly overheard telling Miley that they had “to find something soon on Chief Butler.”
Moore resigned his position as mayor on or about Oct. 22, 2018. He was immediately replaced by Miley as Mayor pro tem.
According to the complaint, when Shook was unable to “find something” legitimately indicating any misconduct by Butler, created a document listing charges against him, and published the list to the media on or about Oct. 31, 2018, because. It allegedly was conveyed by Ratliff that the issuance of the statement would allow the village council to vote to terminate Butler on Nov. 5, 2018.
Butler’s attorneys state the nine-page document did not describe any actual misconduct by Butler but rather problems within the department that had not been conveyed to Butler during his time as chief, along with false allegations of misconduct by Butler. It accused Butler of dishonesty, self-dealing, and incompetence in his profession.
Criminal charges never were brought against Butler.
The court filing states Butler could have attended a hearing before the village council but felt there were insurmountable barriers for him to have a fair hearing. He submitted his involuntary resignation from his position as Crestline’s police chief, which was accepted by acting-mayor Miley on Nov. 19, 2018.
The lawsuit alleges civil rights violations, retaliation and defamation of character by the defendants and village and requests a jury trial be held. Butler is asking for compensatory and punitive damages in the amount of $1.6 million, an order reinstating he be reinstated to his former position as chief of police for the Village of Crestline, attorney fees and court costs and any other relief deemed appropriate by the court.
Ratliff said he and other village officials were not aware of the lawsuit filing and have no comment at this time.
“The attorney who will be representing us in this matter will be Drew C. Piersall of Zashin and Rich in Columbus,” Ratliff then said.