Stow resident Michael Philpott is taking his second federal lawsuit against the city and two of its police officers to the Sixth Circuit Court of Appeals after a federal judge threw out most of his claims, including all claims against the city.
The lawsuit alleges two Stow police officers violated his constitutional rights after a two-hour 2023 traffic stop. He accused them of detaining him for a week and seizing and causing over $3,900 in damages to his vehicle during an unwarranted search.
Northern Ohio District Court Judge Sara Lioi dismissed all of his claims but one because he raised these accusations against Stow — and therefore the officers in their official capacities — in a previously dismissed lawsuit.
Traffic Stop Details
The two officers, Samathan Wike and Kristopher Maruna, stopped Philpott at Graham and Baumberger roads. Philpott argued they had no reason to pull him over.
An arrest report noted they stopped him because he had a warrant for grand larceny, or theft, out of Las Vegas, which was in their Law Enforcement Automated Data System. But before officers transported him to the Summit County Jail, the warrant was from the LEADS system.
During his weeklong detention, which was based on the warrant and his potential extradition to Nevada, Philpott estimated he lost just under $2,200 in missed work.
Vehicle Search and Damages
Philpott also claimed police unreasonably seized his vehicle and searched it, causing $3,902 in damages, a $489 towing and damages fee.
Philpott has “plausibly alleged” this claim, so she did not dismiss it, according to the judge’s ruling.
If the Sixth Circuit upholds Lioi’s ruling, Philpott would be left with one claim against the two officers and none against the city of Stow.
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