toledoblade.com --

A lawsuit filed against Lucas County and three of its sheriff's office staff required the county to hire three area law firms to defend those named in the case.

County commissioners yesterday approved spending up to $75,000 on the defenses of Sgt. Jonathon Leach, Deputy Joe Villanueva, and Corrections Officer William Ginn, who were named in the lawsuit filed Jan. 30 in Lucas County Common Pleas Court by Betty Turner.

Ms. Turner claimed the sheriff's office personnel and Toledo police officers engaged in misconduct and wrongfully assaulted her son, Jeffrey Turner, causing his death Jan. 31, 2005.

In addition to the three sheriff's employees, the city, county, and nine police officers were named as defendants in the complaint, which seeks more than $25,000 in punitive and compensatory damages.

Turner was shocked five times with a Taser as he was being subdued by Toledo police and four more times by sheriff's office personnel after he became violent in the county jail. The shocks occurred about three hours apart.

Dr. James Patrick, county coroner, said Turner had pre-existing heart disease, but the multiple Taser shocks contributed to his death. The death was ruled a homicide.

Because there appears to be a conflict of interest among the three defendants, the county prosecutor's office is bound by Ohio's Code of Professional Responsibility to not represent each of the defendants. But the county is still responsible for defending each of the employees, John Borell, a county assistant prosecutor, said.

He added that the county hires outside counsel infrequently, but that it does happen.

"It looks quite possible that three defendants will likely have different defenses," he said. "When the interests in the defense are not the same, we can't defend them all. It's unethical."

Similarly, the county cannot hire one law firm to represent each of the defendants.

The county hired Thomas Antonni, of Robison, Curphy, & O'Connell; Joan Szuberla, of Spengler Nathanson P.L.L., and Dennis Lyle.

Mr. Borell said each of the attorneys has extensive experience in handling civil cases, and he personally has been involved in lawsuits with all of them.

Yesterday's resolution authorized a rate of $145 an hour in an amount not to exceed $25,000 for each of the defendants. The commissioners would have to approve any additional payments.

The county's response to the lawsuit must be filed by April 3, Mr. Borell said.

Permanent Link