Ohio ACLU Recordsdata Civil Rights Lawsuit Over Columbus Man Arrested For Filming Police

The Ohio ACLU has filed a civil rights suit on behalf of a Columbus resident who was arrested for filming a Columbus Police SWAT team issuing a search warrant in his neighborhood.

Nick Pettit was arrested on April 24, 2019 after police slapped a compliant teenager in the face “without provocation” at the house across the street. “Mr Pettit told the police to stop and said he was on camera,” the complaint read.

Police told Pettit, who was filming from his own porch, to stop and go inside. Pettit did not and told officials he was on his private property. Two officers and a commanding sergeant then approached Pettit, who was still filming. “Then they slammed him down, threatened him, took his phone, beat him up and arrested him,” it continues.

The lawsuit has been filed in the US District Court for the Southern District of Ohio. It lists Sergeants James Morrow and Joseph Podolski and officers Kenneth Dale and Glenn Thivener as defendants.

“Mr. Pettit had the right not only to observe, but also to record and criticize police abuse of his neighbors,” said Elizabeth Bonham, attorney for the Ohio ACLU, in a statement. “All of this was done in public. When they suppressed his speech, the Columbus Police effectively said to him and his community: We have impunity; we can abuse you without consequence. Nick stands up to correct that. “

The lawsuit states that Pettit did not fight back, despite officials requesting that he hand over the phone that was used to record the encounter. It is said that Pettit’s shoulder and face were injured when police officers slammed him to the ground.

Pettit’s sister-in-law, who was also on the porch, called emergency services after the police threatened and pushed her. The complaint said the dispatcher told her she was being charged with “911 abuse” and transferred her to a non-emergency number where the call was dropped.

According to the Ohio ACLU, Pettit was detained for five days before being charged with “emergency misconduct.” Columbus City attorney Zach Klein dropped charges prior to trial due to insufficient evidence.

The lawsuit seeks compensation for retaliation by the police against Pettit for exercising his right of first adaptation to record and speak to the police. The use of excessive force and the seizure of his phone were against Pettit’s rights under the Fourth and Fourteenth Amendments. It adds that Pettit lost a job opportunity due to his arrest.

The Columbus Division of Police does not comment on any pending litigation.