Article published November 03, 2009
UT professors drop lawsuit against Toledo police unions
By IGNAZIO MESSINA
BLADE STAFF WRITER
Two University of Toledo professors who filed a defamation lawsuit against Toledo's police and fire unions have decided to dismiss the case, attorneys for both sides said Tuesday.
Oleg Smirnov and David Black filed a complaint in May against the Toledo Firefighters Union Local 92 and its president, Jim Martin, as well as the Toledo Police Patrolman's Association and its president, Dan Wagner.
"This decision followed discussions between the parties in which the unions confirmed that there was never any intent for certain statements, as carried through various media outlets, to have a negative impact on the professors," said a statement from the attorneys representing the two unions and the professors.
The two professors claimed that statements made by the men and published by the unions in regard to their work on the city's income tax projections were false and have caused harm to their "integrity, character, teaching ability, and professional career."
The two men had sought unspecified monetary damages.
Attached to the complaint was a request for a temporary restraining order and injunctive relief, asking that the defendants be prohibited from defaming the two men through "interviews with the media, billboards, and newsletters published on the Internet."
According to the lawsuit, city officials contracted with the university in the second quarter of 2008 to forecast the city's income tax revenue. Mr. Smirnov and Mr. Black, who were chosen by the university to provide the forecast, created a model that they used to predict future income tax revenues and subsequently presented the city with reports, the lawsuit said.
Seventy-five police officers were laid off May 1 to help plug the city's deficit.
The layoffs were ordered after the administration lowered its 2009 income tax estimate from $169.7 million to $145 million in February based on the professors' analysis of the dramatic downturn in the local economy.
All of the police officers have since been recalled to their jobs.
"The parties recognize that the professors were unfortunately caught in the crossfire between the unions and the city of Toledo," the statement said. "The city asked these professors to perform a limited project and while the unions had every right to disagree with the conclusions reached, the unions did not intend that such disagreement would cause anyone to question the professors' integrity."
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