Judge throws out excessive force lawsuit against Akron police
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AKRON, Ohio (WJW) — A federal judge has dismissed an excessive-force lawsuit against the city and several Akron police officers, brought by a Copley man who claims an officer smothered him with snow during a February 2021 arrest.
Charles Hicks II, 29, filed the lawsuit in January 2023, alleging civil rights violations and malicious prosecution, claiming the city failed to properly train its officers or thoroughly investigate the arrest.
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Police officers went to Hicks’ home in February 2021 on a report of a domestic disturbance. Hicks initially refused to leave the home to speak with police and “started ranting” at officers, reads the Thursday filing.
Police ultimately forced Hicks to the ground. One officer then put a handful of snow over Hicks’ mouth and nose multiple times, and Hicks said he was “struggling to breathe,” according to his complaint.
Below is an still from police body-worn camera footage included in Hicks’ complaint:
Hicks was charged in Akron Municipal Court with domestic violence and resisting arrest in the disturbance. He initially pleaded not guilty, but ultimately pleaded no contest to the resisting arrest charge in July 2022 and was found guilty. His domestic violence charge was dismissed, according to the ruling.
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Northern District of Ohio federal court Judge Sara Lioi on Thursday ruled Hicks’ no-contest plea and subsequent guilty verdict bar him from bringing his claims, or otherwise invalidate them. Other claims were dismissed for being brought past a one-year statute of limitations. His complaint was dismissed with prejudice, meaning it cannot be re-filed.
Hicks previously claimed he pleaded no contest only because it allowed him to avoid signing an agreement that would have relieved the city of liability for damages in his arrest, according to the Thursday ruling.
A city spokesperson did not offer a statement on the lawsuit’s resolution when contacted by FOX 8 News on Friday.
FOX 8 News has also reached out to Hicks’ attorney for comment.
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