Tuesday, August 9, 2011
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The Truth about Richard Olivito's Legal Practice and His Federal Civil Rights Cases
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Various Pending Federal Cases Brought by Richard Olivito
- John Rogers v. Officer Hipple & City of Warren Northern District and Sixth Circuit {On Appeal to Sixth Circuit}
- Sean Scipio Sr. v. Officers Green and Basil et. al Southern District { On Appeal to Sixth Circuit}
- Dan Thorne Jr. v. Officer John Lelles, et. al City of Steubenville {Post Sixth Cir, On Remand For Trial Sept 08 US Southern District Court -Columbus, Ohio]
- Lyndal Kimble v. Greg Hoso Northern District of Ohio & Sixth Circuit {Settled Jan 2008}
Links to Related Federal Opinions, Human Rights Report and National Interviews, Other Sites
- DOJ's Civil Rights Division's Special Litigation Unit's Official Webpage Referencing Pattern and Practice Official Investigations Authorizations and Original Consent Decrees in Steubenville and Pittsburgh
- Special Litigation Unit's Official Link to 14141 Investigations and Official FAQ page regarding 42 U.S.C. 14141 Civil Rights Pattern and Practice Investigations and National Standards Used Within Such Investigations
- 1997 Origional DOJ Civil Rights Division -Special Litigation Unit's Consent Decree City of Steubenville and its Police Dept
- The Blue Mob: The Cleveland Scene Magazine's Award Winning Cover Story Article by Aina Hunter Re: Richard Olivito, The U.S. DOJ Civil Rights Division and the 1997 Historical Steubenville Police Consent Decree
- 463 F. Supp. 2d 760 SD 2006 District Court Judge Marbley's Favorable Opinion re: Thorne Case
- Dan Thorne Jr v. City of Steubenville Officer Lelles Sixth Circuit Court of Appeals Unpublished Op Upholding Judge Marbley's Favorable Original Decision
- Human Rights Watch Report Shielded From Justice
- Columbia Law Professor Debra Livingstons' 1999 Buffalo Law Review Article on the Justice Dept's Steubenville and Pittsburgh Consent Decrees
Related Legal Opinions: The Seventh District Court of Appeals 2005 Opinion and the Kimble Case Op
- U.S. Sourthern District Court Opinion Thorne vs. City of Steubenville Police Officer John Lelles
- 94 F3d 644 (1996) 6th Cir. -- Hython v. Stern and Terry, et. al. Prosecutorial Immunity is Breached Under 1983 When, Key Steubenville Civil Rights Case Leading to DOJ Investigation of Steubenville Police Dept.
- Seventh District Court of Appeals Decision Finding No Record or History of Mental Health Issues Re Atty Olivito
- Lyndal Kimble's Sixth Circuit Court of Appeals Favorable Decision
My Blog List
Some recent clients who love richard's legal work
- Alison Sanders and Delores Sturgeon
- Sean and Lori Scipio
- Dawn and Beverely Kelley
- John Rogers
- Karen Bryant
- Ms. Olivia Johnson
- Melody Kimble
- Rhonda Braun
- Jackie Maggio
- Deb Morgan and Dr. Baldri
Blog Archive
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2007
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2008
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2010
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2013
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- ► 09/29 - 10/06 (1)
- ► 10/20 - 10/27 (1)
Critical Reference Materials:NationaI Interviews, Articles, Awards, Recognition and Other Items
- Meeting W. Justice Department Officials 1995-6 Washington DC & Steubenville, Ohio Re Police Brutality Issues In Steubenville Ohio
- National NAACP Recognition for Work on Steubenville Police Consent Decree 1997
- State Criminal Defense Lawyers Association Honors for Work on Steubenville Consent Decree 1998
- CNN's Wolf Blitzer's Report on Steubenville Consent Decree World News Tonight --1999
- Human Right Watch Report Human Rights Abuses in U.S. Steubenville Decree Shielded From Justice 2000
- National Interview w/ ABC New's Diane Sawyer Good Morning America: Kimble Case Warren, Ohio July 2003
- National Interview w/Fox's Rita Haynesworth - Saturday Evening Edition: w. Panel of Police Brutality Experts: July 2003
- Alfred Sanders Wrongful Death Case filed against Minneapolis Police Officers and Security Guard -October 2003
- Cleveland Scene's Magazine Award Winning Cover Story "The Blue Mob" Featuring My Work on the Steubenville and Warren Civil Rights Cases and Related DOJ Civil Rights Division 1996-7 Investigations February 2004
- Various Interviews: Cleveland -Youngstown Anchors and Indy Media 2003-2004
- Virginia State Allliance for the Mentally Ill [VAMI] Director's Recommendation for University of Virgina/Bluefield-Monticello Hospital's Legal-Medical Scholar in Residence Fellow: Top Recommendation Feb-March 1999
- Freedom Song TNT original movie w Danny Glover, Curtis Vonde Hall and A Cameo Appearance by Al Butler and Myself Playing 1960s Freedom Riders Desegregating the Greensborough NC Lunchcounter Filmed on Location in NC -Summer 1999 -Released Feb 2000
- Own Personal Remarks During Public Comment Portion of Congressional Judicary Committee Hearing on Police Misconduct: Washington DC Rep John Conyers Sept 2000
- June 2003 Kimble Arrest by Warren Officers: VideoTaped Beating National News
- July 2003 Meeting w/ Justice Dept Civil Rights Division Ohio Monitor re: Warren's Police Brutalitly Issues- In Person
- Clarence Clay Warren Civil Rights Case Filed in Northern District Court of Ohio August of 2003
- Clarence Clay's Successful Criminal Defense on Officer Assault Charges Warren Municipal Court Four Day Jury Trial Sept 2003
- Fall of 2003- Warren Federal Civil Rights Case John Rodgers v. City of Warren Officer Hipple filed
- Kimble Civil Rights Case Filed Northern District Court of Ohio - Jan 2004
- March 04- Plaintiff Rodgers' Civil Rights Case Overcomes Officer Qualified Immunity Defenses on Weston Hurd's Defendants' 1st Summary Judgment Motion
- Clay Case Out of Court Settlement July 2004
- Jailing by Youngstown Municipal Court for Failing to take "Municipal Court Ordered Mental Health Examination" over being absent from a Fourth Degree Traffic Violation Post Plea Hearing Due to Kimble's Grand Jury Presentation & Clay Case Criminal Sentencing Issues-April of 2004
- Jailing by Common Please Judge McKinty for Winning an Officer Assault Charge -and "causing humiliation for Cleveland's finest"...Cuyahoga County Ordered Into Maximum Security Pod By Express Orders of Judge- July 2004
- Thorne Steubenville Civil Rights Case Filed in Southern District of Ohio January 2005
- Jailing by Warren Municipal -Police Court Judge Gysegum for refusing to change client's plea to allow for stipulation of probable cause and forcing case to trial. Sentence Served: Three days -Trumbull County Jail -January 2005
- Plaintiff's Brief Contra City of Warren's Rodgers Case Sum Judgment of City Defendants {2d Sum J Motion filed by Defense in Case} March of 2005
- Lyndal Kimble's 27 Day Criminal Jury Trial w/ week long jury deliberations: A split verdict April-May 2005
- Sean Scipio Sr. filed claim on false arrest and excessive force and policy claims against City August 2005
- Feb 2006- Kimble Case Wins on Sixth Circuit Weston Hurd Defense Appeal
- Dec 2006 Thorne Case Overcomes Defense Motion for Summary Judgment on Officer Liability
- Ethics Lawyers Charles Kettlewell Jr. and Ken Donchantz's Mandatory Grievance Letter Re: Serious Misrepresentations of First Assistant Prosecutor of Supreme Court Disciplinary Counsel Ms. Lori Brown and Board Member and Panel Chair Jeff Heintz Made In Reference to Atty Olivito --March 2007
- Referral By Secretary of Board of Grievances Supreme Court of Ohio, John Marshall, Re: Atty Kettlewell's Mandatory Complaint Letter to Toledo Bar [Hometown of Lori Brown & Several Present Republican Supreme Court Justices] - March 2007
- Toledo Bar Association Decision Denying "Any Violation Occured" by virture of Ms. Brown and Jeff Heintz Lies, Deceit and Fraud Upon the Court as per Atty Kettlewell's and Donchantz's Mandatory Grievance Letter Concerning These Two Board Lawyers Having Ex Parte Discussion about Mental Health Examination Ordered June 2007
- Sept 2007- Thorne Case Wins at Sixth Circuit on ALL Related Officer Civil Rights Claims -Remanded for Trial
- Sean Scipio Sr v City of Steubenville Civil Rights claim tried, defense verdict on excessive force Appeal taken on remaining false arrest and "policy" and ADA Nov-Dec 2007
- Jan 08- Kimble Case's Out of Court Settlement
- Recent Supportive Judicial and Peer Opinions Concerning Professionalism Issues: Judge Mark Costine, Ret. Judge Denny Clunk, Ret. Judge Bannon, Noted Civil Rights Attorney James McNamara, Et. Al.
- Urban Mission Ministry's Hutton House Poor Person's Advocate of the Year Award 1991
- William L. Garrison: "All On Fire" by Henry Mayer
- Kalfka's "The Trial"
A Note Re: the Ongoing Controversy of Atty Richard Olivito's Alleged Status Before The Supreme Court
What a duly impaneled, fully jurisdictional and serious Court of Appeals opinion has had to say about Attorney Olivito's mental health status in recent times...is at great variance with what a government lawyer who opposed him inside a state supreme court discipilnary hearing has written and helped to trigger a oddly contrived Board "Order" requiring Richard Olivito to undergo such an evaulation.
This related State Appellate Court Opinion arose out of the very same county and region wherein this issue first was used as basically as a smear tactic against Atty Olivito by some motivated locals after a serious police misconduct case Atty Olivito was lead counsel for, the Kimble case, became a national news story, which in turn placed severe
scrutiny on the local and regional area police inside local, regional and even national press and media.
Here listed below is the relevant portion from the official published opinion which can be find in its entirety linked at the bottom of this page and is found on other relevant listed blogs
Ms Lori Brown, the First Assistant Chair of the State Supreme Court's Disciplinary Counsel both knew of and carefully and intentionally avoided any such mention of this opinion which was known to her at the time she improperly moved to create such an opinion of their own , with her friend and the former State Greivance Board Chair, major Republican Party and Akron Corporate Law Firm Counsel Atty Jeff Heintz, contra the one of the most respected state Court of Appeals' clear findings found aptly within its earlier opinion regarding the exact same subject.
[The entire "In Re Olivito", 2005, 7th District Opinion can be linked below at the bottom footer]
Quoted immediately below is the relevant portion of the appellate opinion's result that was published in the local press in Warren, Ohio in the early summer of 2005:
"The record also reflects that the mental health evaluation would serve no purpose to the contempt that occurred here.
If he submits to the evaluation, he still must serve the sentence in jail. It is an order to submit to an evaluation, not counseling. Thus, it has no rehabilitative, restorative, or even punitive effect,
as sentencing is designed to achieve.
Furthermore, there is nothing in the record of this case or evident in the court's findings demonstrating that a mental health evaluation is relevant or proper.
"The record does NOT reflect a history or indication of mental health issues...
The presentence investigation mentions nothing about mental health issues and opines that appellant is in good health....
Accordingly, based on the record here, this court hereby DELETES the portion of the sentence ordering appellant to submit to a mental health evaluation."
Indeed, Who Would Have Known?...
Thus, the EXPRESS language of an Official Court of Appeals opinion and decision directly addressing Attorney Richard Olivito and the issue of the need for a mental health evaluation directly contradicts the present effort by Ms. Lori Brown and the Supreme Court's Board of Grievances, to create an issue over what a high appellate court for the State of Ohio, found a year prior; there is absolutely no evidence or factual basis whatsoever to create such an order.
This opinion was issued in May of 2005, a full year and half prior to Ms. Brown's own motion which tries to revive from the same once defeated issue, which initally arose from the Warren/Youngstown heavily scrutinized locale and bar effort, as noted inside the Appellate Court Opinion.
What is interesting, this Seventh District Court of Appeals, located in Youngstown is far more knowledgable about my practice and decades old
solo law practice since I have had numerous cases argued and briefed, in front of this court since 1992
More can be read about this entire episode by going to the links Red Rain and Supreme Lies below;
The related additional posts which can be viewed at those sites will be updated from time to time with more relevant public recorded facts indicating how this issue has been manipulatively created in a false light manner by Ms. Lori Brown from the Supreme Court's Disciplinary Counsel's Office along with the affected Mahoning County Bar Association's Disciplinary Counsel's office.
These government ethics prosecutors have both deliberately ignored this opinion and have outright lied inside their brief which illegally and falsely called upon the Board to first create such an order and then later, relied upon the same misleading position in an agendized argument before the Ohio Supreme Court when requesting the Court to find me in contempt for not taking such an exam...
...the same kind of "improper" coerced exam that the Seventh District Court of Appeals, as noted above, reversed when it stated, "the record does not reflect a history or indication of mental health issues " upon which such an serious evaluation can legally and geniunely be based. ]
This related State Appellate Court Opinion arose out of the very same county and region wherein this issue first was used as basically as a smear tactic against Atty Olivito by some motivated locals after a serious police misconduct case Atty Olivito was lead counsel for, the Kimble case, became a national news story, which in turn placed severe
scrutiny on the local and regional area police inside local, regional and even national press and media.
Here listed below is the relevant portion from the official published opinion which can be find in its entirety linked at the bottom of this page and is found on other relevant listed blogs
Ms Lori Brown, the First Assistant Chair of the State Supreme Court's Disciplinary Counsel both knew of and carefully and intentionally avoided any such mention of this opinion which was known to her at the time she improperly moved to create such an opinion of their own , with her friend and the former State Greivance Board Chair, major Republican Party and Akron Corporate Law Firm Counsel Atty Jeff Heintz, contra the one of the most respected state Court of Appeals' clear findings found aptly within its earlier opinion regarding the exact same subject.
[The entire "In Re Olivito", 2005, 7th District Opinion can be linked below at the bottom footer]
Quoted immediately below is the relevant portion of the appellate opinion's result that was published in the local press in Warren, Ohio in the early summer of 2005:
"The record also reflects that the mental health evaluation would serve no purpose to the contempt that occurred here.
If he submits to the evaluation, he still must serve the sentence in jail. It is an order to submit to an evaluation, not counseling. Thus, it has no rehabilitative, restorative, or even punitive effect,
as sentencing is designed to achieve.
Furthermore, there is nothing in the record of this case or evident in the court's findings demonstrating that a mental health evaluation is relevant or proper.
"The record does NOT reflect a history or indication of mental health issues...
The presentence investigation mentions nothing about mental health issues and opines that appellant is in good health....
Accordingly, based on the record here, this court hereby DELETES the portion of the sentence ordering appellant to submit to a mental health evaluation."
Indeed, Who Would Have Known?...
Thus, the EXPRESS language of an Official Court of Appeals opinion and decision directly addressing Attorney Richard Olivito and the issue of the need for a mental health evaluation directly contradicts the present effort by Ms. Lori Brown and the Supreme Court's Board of Grievances, to create an issue over what a high appellate court for the State of Ohio, found a year prior; there is absolutely no evidence or factual basis whatsoever to create such an order.
This opinion was issued in May of 2005, a full year and half prior to Ms. Brown's own motion which tries to revive from the same once defeated issue, which initally arose from the Warren/Youngstown heavily scrutinized locale and bar effort, as noted inside the Appellate Court Opinion.
What is interesting, this Seventh District Court of Appeals, located in Youngstown is far more knowledgable about my practice and decades old
solo law practice since I have had numerous cases argued and briefed, in front of this court since 1992
More can be read about this entire episode by going to the links Red Rain and Supreme Lies below;
The related additional posts which can be viewed at those sites will be updated from time to time with more relevant public recorded facts indicating how this issue has been manipulatively created in a false light manner by Ms. Lori Brown from the Supreme Court's Disciplinary Counsel's Office along with the affected Mahoning County Bar Association's Disciplinary Counsel's office.
These government ethics prosecutors have both deliberately ignored this opinion and have outright lied inside their brief which illegally and falsely called upon the Board to first create such an order and then later, relied upon the same misleading position in an agendized argument before the Ohio Supreme Court when requesting the Court to find me in contempt for not taking such an exam...
...the same kind of "improper" coerced exam that the Seventh District Court of Appeals, as noted above, reversed when it stated, "the record does not reflect a history or indication of mental health issues " upon which such an serious evaluation can legally and geniunely be based. ]