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Police officers, ex-wife sued
(by Joseph Koziol Jr. - August 07, 2008)
Police officers, ex-wife sued
By Joseph Koziol Jr.
A Hambden Township man has accused the Chardon Police Department of wrongfully detaining and attempting to charge him in May.
Robert S. Bulman filed in a civil lawsuit July 24 in Geauga County Common Pleas Court. The case has been assigned to Judge David Fuhry.
The suit names Chardon police officers Charles Pirnat and Jeff Powers as defendants, as well as Chardon businesswoman and ex-wife Marci A. Mondello as defendants.
Chardon City Law Director James Gillette said he could not comment on pending litigation.
Mr. Bulman said he was detained May 1 after police received a complaint from his former wife, Ms. Mondello, who is also a member of the city's board of building and zoning appeals.
"The police officers maliciously, willfully and with reckless indifference asserted their legal authority to intentionally confine Mr. Bulman within a limited area for an appreciable amount of time against his will and without lawful justification," the lawsuit said.
Mr. Bulman and Ms. Mondello were married April 2, 2004, and divorced Feb. 13, 2007, according to the suit.
The day before the divorce was finalized, the suit said, Ms. Mondello sought and received a civil protection order against Mr. Bulman that was effective from Feb. 12, 2007, through Feb. 12, 2008.
However, the suit said that on March 27, 2007, Magistrate Dorothy H. Lee dismissed the protection orders, ruling that "neither Ms. Mondello nor her family or household members are or have been victims of domestic violence."
According to the suit, Mr. Bulman was sitting in the stands at a track and field meet at Chardon High School on May 1, watching the daughter of a friend compete. Mr. Bulman said he was in the stands since 4 p.m., the suit said.
Around 5:30 p.m., the suit said, Ms. Mondello arrived and sat three rows in front of Mr. Bulman. Mr. Bulman contends that he noticed Ms. Mondello when a woman sitting next to her attempted to photograph him, the suit said.
"Although not required to, Mr. Bulman immediately left the stands and walked toward the exit to leave," the suit said. "Ms. Mondello followed him to the exit and left the meet."
Believing Ms. Mondello had left, Mr. Bulman returned to his seat to continue watching the meet, the suit said.
"Approximately 5 minutes later, a police officer ordered Mr. Bulman out of the stands and to a police cruiser 'for questioning'," the suit said. "For more than 30 minutes, Mr. Bulman was detained in the police cruiser and questioned in full view of attendees of the track meet."
The suit said Mr. Bulman was ordered to leave the track meet after being detained, an order that was based on the expired protection order.
Although Mr. Bulman was referred by police for prosecution, no charges were brought, the suit said.
Mr. Bulman claims his rights under the Fourth and 14th Amendments to the U.S. and Ohio Constitutions to be free from unreasonable seizure were violated.
"Defendants maliciously, in bad faith, and in a wanton and reckless manner instituted a prosecution of Mr. Bulman without probable cause," the suit said.
Mr. Bulman is seeking damages for "anxiety and emotional effects" of the incident.
Mr. Bulman is also seeking damages from Ms. Mondello, who "willfully and maliciously complained to the Chardon police for the ulterior motive of gaining publicity, damaging Mr. Bulman's home construction business and harassing and embarrassing Mr. Bulman personally," the suit said.
In addition, Mr. Bulman is seeking a preliminary and permanent injunction to stop Ms. Mondello from wrongfully using the legal process to harass and embarrass Mr. Bulman, the suit said.
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