Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 oG456 - s52 IN THE COURT OF COMMON PLEAS Individually and in His Capacity as a Deputy Director with the City of Columbus Department of Public Safety 77 North Front Street Columbus, Ohio 43215-0009 FRANKLIN COUNTY, OHIO HOLLY KANODE ) c/o Zipkin Whiting Co., LP.A. ) 3637 Green Road ) CASENO. Beachwood, Ohio 44122 ) ) Plaintiff, ) JUDGE ) v. ) ) COMPLAINT CITY OF COLUMBUS ) c/o Zach Klein, Esq. ) 77 North Front Street ) URY DEMAND ENDORSED Columbus, Ohio 43215-0009 ) HEREON ) and ) ) RICHARD WOZNIAK ) ) ) ) ) ) ) ) Defendants. Now comes the Plaintiff, Holly Kanode, by and through undersigned counsel, and for her Complaint against the Defendants, City of Columbus and Richard Wozniak, hereby states and avers the following: PART UR I 1ON, AND. UE 1. Plaintiff Holly Kanode (“Kanode’) is a sergeant employed by Defendant City of Columbus. Sergeant Kanode began her career in law enforcement in 2003 and earned her promotion to sergeant on August 5, 2011. Sergeant Kanode is highlyoGase - offrilin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 Put-2scvo04880 regarded and was considered for a Medal of Valor for her brave actions while under fire by a gunman with an AK-47. 2. Defendant City of Columbus (“Columbus”) is a political subdivision situated in Columbus, Ohio. Columbus is vicariously liable under the doctrine of respondeat superior for the tortious acts of its agents, employees, and supervisors, including Defendant Richard Wozniak. At all relevant times to the Complaint, Columbus was Sergeant Kanode’s employer and, therefore, Columbus cannot assert political subdivision tort immunity as a defense. OHIO REVISED CobE § 2744.09(B) and (C). 3. Defendant Richard Wozniak (“Wozniak”) is the Deputy Director of Columbus’s Department of Public Safety. Wozniak has been employed by Columbus since 2020, when it hired him to investigate police officers, including Kanode, following, the 2020 riots in downtown Columbus. Wozniak is being sued in his individual capacity, as well as in his official capacity. Atall relevant times to the Complaint, Wozniak acted maliciously, n bad faith, wantonly, and/or recklessly, thereby abrogating any immunity under OHIO REVISED Cove § 2744.03(A)(6)(b). 4. Jurisdiction is appropriate in the State of Ohio because all wrongful acts alleged herein were committed in Ohio. 5. Venue is proper in Franklin County because all wrongful acts alleged herein were committed in Franklin County, Ohio. "ATEMENT OF FACTS: 6. Sergeant Kanode realleges and incorporates all preceding paragraphs as if the same were fully rewritten here,Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 oG456 - $54 10. " 1B. 4, 15. 16. 7. On May 25, 2020 in Minneapolis, Minnesota—nearly 800 miles away from Columbus —George Floyd was clearly murdered on video camera by officer Derek Chauvin of the Minneapolis Police Department. Chauvin was indicted, tried, and justly convicted of Floyd’s murder. Three days after Floyd’s murder, on May 28, 2020, rioters attacked downtown Columbus and its police officers — despite their obvious uninvolvement in Floyd’s murder. The riots began because Chauvin murdered Floyd. The riots were motivated by the police brutality in Floyd’s murder. Rioters congregated on the streets and sidewalks near N. High St. and W. Broad St. in the middle of downtown Columbus Countless businesses and government buildings were vandalized, burglarized, and looted during the riots. Rioters breached the capitol building, the Ohio Statehouse, during the riots. On May 28, 2020, rioters pelted members of the Columbus Police Department with rocks, bottles, pieces of concrete, smoke bombs, pieces of 2x4s, rentable scooters, bricks, and launched class “A” fireworks into lines of police. Rioters set fires on the sidewalks and streets, threatened civilians, broke windows, and pointed lasers at officers. The riots were an organized activity, with stacks of bricks, sledgehammers, and projectiles placed around downtown to commit criminal damaging, assault, and other criminal conduct.Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 0G456 - $55 18, 20. 21 Columbus Mayor Andrew Ginther tweeted this (the tweet has since been deleted) on June 3, 2020: Le aed See Pee Re Tua ec eet Cee Rie Re sc Reto registered in Vermont Ce Ded CEC os Ces While there were non-violent protesters, they were co-mingled within the aggressive rioters and served as their cover as they caused injuries to officers. ined as Some Columbus officers required hospitalization for the injuries they sust a result of the riots, The rioters’ criminal activity continued and escalated into Friday, May 29, 2020, Day Three of the Riots in Downtown Columbus On May 30, 2020, Columbus assigned Sergeant Kanode to work the riots in downtown Columbus.gf fanklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 23. Columbus police had to keep control of the streets and sidewalks because they were outnumbered by the rioters, 24. Accordingly, Columbus police officers created a bicycle barricade by standing side-by-side to their bicycles, a few feet apart. 25. This prevented the large crowd of rioters from taking over the intersection at S. High St. and W. Broad St, directly in front of the Ohio Statehouse. 26. Had the large crowd of rioters taken control of the streets and sidewalks, Columbus police would have likely had to use force to control the large crowd, pursuant to OHIO REVISED CODE § 2917.05: Section 2917.05 | Use of force to suppress rot or in protecting persons ot property during rot. oie 9 Grint Procedure / Chapter 2977 Offenses Again the hee ery law enferoement fier ere. gge in speressng otf roti penn at ope ring {dye in ss fore, ote than. deadly oc, wh and te teeta ei prbebi cause so eles such fro te nec We dsperde ot npn voter Be mst i wing Sns doa fre, wen and to hs exten he as webs cau to Bolle such forsee aeersry ona psn ocr hoe ont sang a ube so ero pel ear topes. 27. Sergeant Kanode was positioned near the corner of S. High St. and W. Broad St. 28. Suddenly, a rioter named Nadia Lynch (“Lynch”) breached the barrier during the unprecedented and chaotic scene. 29. Lynch disobeyed the lawful order of the Columbus police by breaching the barrier, 30. Thereafter, Sergeant Kanode saw Lynch grab an officer and jerk him to the ground 31. Sergeant Kanode told a fellow officer what she observed. 32. Officers subsequently placed Lynch under arrest for breaching the barrier, while rioters were screaming that the officers are “racists” and “cowards.”Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 oGa56 - s5T 33. 36. 37. 39, 40. Neither the officer nor Lynch were injured during their brief scuffle. Lynch was arrested by the officer based on what he saw her do. The officer did not arrest Lynch based on Sergeant Kanode’s statements. It is undisputed that Lynch initiated the incident by unlawfully breaching the barrier. That same day, May 30, 2020, Columbus issued an indefinite curfew, and Governor Mike DeWine activated the Ohio National Guard to assist the Columbus police in attempting to maintain order in the city amongst the riots. The curfew and state of emergency were the first in fifty years in Columbus, The Illegitimate Criminal Action Against Kanode Over a year later, Columbus and Wozniak criminally charged Sergeant Kanode on June 9, 2021, based on what she told a fellow officer she observed on May 30, 2020: On May 30, 2020, Kanode was working as a police officer for the City of Columbus near the intersection of Broad Street and High Street during one of the protests. The Body Worn Camera (BWC) of Kanode showed Kanode assisting in the arrest of Nadia Lynch, At the arrest scene Kanode can be heard on her BWC telling another Officer (POW) that Lynch had grabbed hold of another Officer and jerked him te the ground with his gear. PO#t then used the information provided by Kanode to compiete the arrest report for Lynch, A review of Kanade’s BWC did not shaw Lynch grabbing and throwing any police officer to the ground, Anather video showing the arrest of Lynch was submitted to the City. A. review of this video also did not show Lynch gralsbing aod throwing any police officer to the ground. Columbus and Wozniak charged Sergeant Kanode with falsification in violation of OHIO REVISED CODE § 2921.13 and dereliction of duty in violation of OHIO REVISED Cove § 2921.44(B):Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23C 004880 oGa56 - s58 COMPLAINT | Complainant, being: duly sworn, states that the above named defendant, at Wranklin County / Columbis, Ohio, on oF about the ZS" aay of MACY. 220. ZO ats. OWL IAG bef. AGE CALS SCAM ERTS) 6 MOM MELN,. RAREANE,. OF. AREER one TET eRe Creo PRS) Mane Wien Te, SSC ATEMONT LS IMATE.harTte PROSE. . ANCRAM LAL ATE... PLOTS oy 382. THE. SURTEMEMAT. 1S wine] Woe, FAL RPM SEE TD MERU ATS. Ae Pd tte OPA, (th PEATE. aOR. REARTIOS, 5 QAR. AES ATETIONGI ATA. ASE. ITLL GON. 2B A Ph MELA CCHS. SEB A RUT te RETARA..dO AS. LUBE SA... BEATERS ZED, BY LAW, ZA 0s TEAR... EATEN. THAT. MADR: SA ACL. SSI TP. PEELE Cathet ERED... VAI. sraTING. THAT... ANC. GRAM. Sl, EEL CE. eet Te Ble in violation of section, BDL. co * Complainant 2 ‘ DERE: 06. PUBS aS COMPLAINT Complainaat, being shily sworn, states that the abeve named defendant, at Franklin County / Columbus, Ohio, on or about the BO day 4h ood AY. 220.22. Bids. ZETIA Ethan DRE Rt Ai DALEY. MP BES SE... LR POETS... BBY WM. ETE... RESEREEL ED. TS PAC SEEM ATS OL EME. § YG. EEOC oe TRO. BOT EER LEGA ERLE ERY. he BOM oo ALT... RES REET SE PUL Game ART SOE IGG Te WE SAE CALS PME AAAT ION? TL OTHE EID SALT A AESPEOR od Dens ALERT OP DLL hehe (NOU MAL. IBA TIGR OE APPR gh Eo. (OF THE... C00. LEVIED. CADE A. SAO ED) LA. GN 8 Ree Gre S_. OPE En 2 Se a POS Toony” of the. “Kishared. Wee vial me ie mis Ces. at a Complainant Be Dero Oe RUS aE 41, Lynch was never charged with assault, nor was she subject to arrest based on Sergeant Kanode’s statements. 42. Further, the officer complainant in Lynch’s criminal case was Robert L. Reffitt, not Sergeant Kanode. 43. Ultimately, Lynch’s criminal case was dismissed at the request of the prosecutor on June 15, 2020, just fifteen days after it was filed, 44. Columbus hired Kathleen Garber (“Garber”) to act as special prosecutor in its case against Sergeant Kanode. 45. Sergeant Kanode pled Not Guilty to both charges.oGas6 - Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 859 46. 47. 49. 51. Because of the criminal charges lodged against her, Columbus relieved Sergeant Kanode of all her regular assignments, assigned her menial administrative duties, and disallowed her from working special duty and overtime, Her reduced income caused by the criminal complaint led to financial hardship, especially in caring for her child who has special needs. Notwithstanding the highly prejudicial effect Columbus and Wozniak knew the criminal charges would cause Sergeant Kanode, they never interviewed Lynch or Kanode before they made the decision to criminally charge Kanode with the stroke of a pen. The filing of criminal charges garnered national media attention casting Sergeant Kanode in a disparaging light and as an antagonist to George Floyd and Black Lives Matter. See Daniel Victor, 3 Columbus Officers Are Charged With Misconduct in George Floyd Protests, THE NEW YORK TIMES, June 10, 2021, Updated, October 11, 2021, hitns:/ Sergeant Kanode’s face was plastered all over the news because of the criminal charges brought against her: Sergeant Kanode waived her right to a trial by jury and opted for a bench trial.oG456 - s Ffanklin County Ohio Clerk of Courts of the Common Pleas: 2023 Jul 11 12:28 PM-23¢V004860 52. Knowing she had a flimsy case unsupported by probable cause, Garber unsuccessfully attempted to get the judge removed from the case by falsely claiming — during the pendency bench trial— that he was partial to the Columbus Division of Police and Fraternal Order of Police. 53. The judge strongly denied Garber’s sweeping and unsupported claims. 54. The Supreme Court of Ohio denied Garber’s affidavit of disqualification and permitted the judge to continue presiding over Sergeant Kanode’s pending criminal trial, 55. Sergeant Kanode was fully acquitted and found Not Guilty on all charges on July 14, 2022. COUNT ONE: OHIO COMMON LAW MALICIOUS PROSECUTION AGAINST COLUMBUS AND WOZNIAK 56. Sergeant Kanode realleges and incorporates all preceding paragraphs as if the same were fully rewritten here. 57. Columbus and Wozniak acted with malice in instituting and continuing the criminal prosecution of Sergeant Kanode without probable cause. 58. Columbus and Wozniak criminally charged Sergeant Kanode in connection with her alleged assistance in the arrest of Lynch. 59. Columbus and Wozniak had no way to prove what Sergeant Kanode perceived amid the chaos in the unprecedented scene caused by the riots.oGas6 - Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 sel 60. 61. 62. 63. 65. 66. 67. Courts must evaluate “the facts and circumstance of each case viewed from the perspective of a reasonable officer on the scene and not with 20/20 hindsight.” Fox 0. DeSoto, 489 F.3d 227, 236 (6th Cir. 2007). Even if Sergeant Kanode made a mistake in performing her job duties, which she did not, that is not a crime. Columbus and Wozniak never had any evidence that Sergeant Kanode intentionally misled or lied on May 30, 2020. Columbus and Wozniak attempted to make Sergeant Kanode the scapegoat for Columbus's fail re to be prepared for the riots Columbus and Wozniak cannot articulate any probable cause. Columbus and Wozniak contended Sergeant Kanode committed criminal falsification when she told a fellow officer that she observed criminal conduct on May 30, 2020. Sergeant Kanode had an affirmative legal duty to act in the manner she did on May 30, 2020, pursuant to OHIO REVISED Cope § 2921.44(A)(2): “(A) No law enforcement officer shall negligently co any of the following: *** (2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when itis in the law enforcement officer's power to do so alone or with available assistance.” It is part of Sergeant Kanode's official job duties to affirmatively act upon observing criminal conduct.oGas6 - Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 862 69. 70. 71 72. Further, the exigent circumstances caused by Lynch breaching the barrier contradict the notion that Columbus and Wozniak had probable cause to charge Sergeant Kanode. Columbus and Wozniak’s criminal prosecution against Sergeant Kanode, case number 21 CRB 007965 in Franklin County Mu pal Court, was terminated in her favor on July 14, 2022, when the trial court found her Not Guilty on all charges. Columbus and Wozniak maliciously failed to investigate the matter and apply the applicable law before initiating the criminal charges against Sergeant Kanode. Columbus and Wozniak continued their sham prosecution of Sergeant Kanode for over a year, despite their knowledge of the absence of probable cause. Sergeant Kanode has suffered direct and proximate economic and non-economic damages as a result of the Defendants’ malicious prosecution of her for her lawful conduct, which she was required to engage in by law. PRAYER FOR RELIEF WHEREFORE, Plaintiff Holly Kanode respectfully requests that the Court grant her judgment, jointly and severally, against the Defendants on all counts as follows: A That the Court award Plaintiff compensatory damages in excess of $25,000 for the losses she sustained, including but not limited to, emotional distress, loss of enjoyment of life, pain and suffering, and lost wages, as a result of the Defendants’ unlawful conduct;oGas6 - Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 se3 That the Court award Plaintiff punitive damages in excess of $25,000 for Defendants’ intentional, malicious, reckless, and wanton conduct, which was committed in blatant disregard of Plaintiff’s rights, feelings, safety, and privileges; That the Court award Plaintiff attorney’s fees, costs, and pre-and post-judgment interest as to all counts at the current statutory rate; and That the Court award Plaintiff such other and further relief as may be just, equitable, and in furtherance of the public interest. Respectfully submitted, /s/ Kevin M. Gross Lewis A. Zipkin, Esq. (0030688) Kevin M. Gross, Esq. (0097343) ZIPKIN WHITING Co, LP.A. 3637 Green Road Beachwood, Ohio 44122 Phone: (216) 514-6400 Fax: (216) 514-6406 Email: lawsmatter2@gmail.com kgross@zipkinwhiting.com Counsel for Plaintiff Holly KanodeFranklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 11 12:28 PM-23CV004880 0G456 - sed JURY DE! ND Plaintiff Holly Kanode hereby demands a trial by jury as to all issues raised by each count of the Complaint with the maximum number of jurors permitted by law. /s/ Kevin M. Gross Lewis A. Zipkin, Esq. (0030688) Kevin M. Gross, Esq. (0097343) Counsel for Plaintiff Holly Kanode