A Stow woman sued the city’s police department in federal court Monday, accusing two officers of causing her to have a seizure during a misdemeanor arrest last year.
In her lawsuit, Jo Fatchet McGee, 41, is asking Judge John R. Adams to award her punitive damages in U.S. District Court, Northern District of Ohio, in Akron.
She said police used excessive force during her arrest, resulting in more than $40,000 in medical costs.
The lawsuit stems from an incident on the afternoon of Feb. 4, 2015. McGee reported she was walking in a Walmart parking lot when she was almost struck by an SUV. She became angry with the driver and swore at him, and the occupants responded by calling her a lesbian slur, she said in the lawsuit.
The occupants made no mention of insulting her in their reports, and no witnesses reported hearing the alleged slur.
McGee said she responded to the insult by throwing a cup of soda into the vehicle. The occupants said she also threatened to fight them.
Both parties called police, who charged McGee with disorderly conduct. She reported she was enraged that the SUV’s occupants were not charged, leading her to attempt to leave without a citation and almost hitting an officer at a low speed with her car.
Officers Brian Haddix and Michael Murphy responded by opening her car’s door and pulling her from the vehicle, according to a police report from the incident and her lawsuit. She struggled and attempted to kick them, police reported.
At one point, McGee said, an officer struck her in the neck and damaged an electronic implant, which helps control a medical condition that causes her seizures, headaches and chronic pain.
The damage to the implant caused her to have a seizure during the arrest, she said.
Police charged McGee with additional counts of resisting arrest and obstructing official business. At trial in May a Stow Municipal Court jury convicted her of disorderly conduct and acquitted her of the other charges. She was fined $25.
According to reports, a committee determined the officers complied with the department’s use-of-force policy during the arrest.
McGee is represented by Cleveland attorneys K. Ann Zimmerman and Raymond V. Vasvari Jr.
The Stow officers are represented by Youngstown attorney John C. Pfau and Amber Zibritosky.
Neither party’s attorneys could be reached Tuesday for comment.
The lawsuit originally was filed in Summit County Common Pleas Court but was transferred to federal court.
Nick Glunt can be reached at 330-996-3565 or nglunt@thebeaconjournal.com. Follow him on Twitter @NickGluntABJ.