A federal judge ruled Tuesday that the constitutional rights of a county commissioner in Ohio were violated when her fellow commissioners got her arrested for publicly criticizing a sheriff, according to multiple reports.
U.S. District Judge J. Philip Calabrese ruled that the First and Fourth Amendment rights of Niki Frenchko, a Trumbull County commissioner, were violated by fellow Trumbull Commissioner Mauro Cantalamessa, then-fellow Commissioner Frank Fuda, and Trumbull County Sheriff Paul Monroe, a court document said, WFMJ reported.
“Here in America, we do not arrest our political opponents,” the judge reportedly wrote at the beginning of his ruling.
Niki Frenchko was arrested in the middle of a July 7, 2022 county meeting for disruption after she repeatedly interrupted then-clerk Paula Vivoda-Klotz, according to the outlet. Klotz alleged Frenchko “chose intentionally to ignore the proper and professional process” of investigating allegations that certain prisoners could not get proper medical treatment while in jail, a Facebook video of the meeting livestreamed by Frenchko showed.
Frenchko alleged in the video that a sick inmate was eventually hospitalized for meningitis after being told the jail kiosk was broken and then allegedly developed Bell’s palsy and blindness. She further alleged another inmate died after having been taken off his medicine, and then criticized Sheriff Monroe’s response to the allegations, the video also showed.
“You’re talking about the chief law enforcement officer in Trumbull County. It’s unacceptable,” a voice said in the video. Another voice called for Frenchko to apologize to Sheriff Monroe. Frenchko pressed on but was interrupted as deputies appeared, removed Frenchko amid applause, and placed her under arrest, the video showed. (RELATED: These Are The Biggest Free Speech Legal Victories Of 2023)
the coverup of destroying all texts was recently confirmed. Few recovered pointed to orchestration by officials, Sheriff & staff. Thank you @firstAmendmentx & @ACLU for reaching out. Injustice occurs across party lines. @TheView @JesseBWatters @scrowder https://t.co/h9AlQez4tb
— Niki Frenchko (@NikiFrenchko) December 19, 2023
Frenchko, the only Republican on the three-member Trumbull County Board of Commissioners, was charged with a misdemeanor for “prevent[ing] or disrupt[ing] a lawful meeting” under an Ohio law forbidding obstructive behavior or speech that “outrages the sensibilities of the group,” The Associated Press (AP) reported. Frenchko reportedly then entered into a civil rights lawsuit for alleged violation of her rights.
Judge Calabrese was worried about the law but did not strike it down, The AP reported.
“This case tests that longstanding norm as well as our Constitution’s robust protections for free speech that allow us to criticize our representatives and public officials,” the judge reportedly wrote.
The criminal charges against Frenchko were dropped some weeks after her arrest, according to The AP.