A U.S. District Judge in Cleveland ruled that Trumbull County Commissioner Niki Frenchko's civil rights were violated when she was wrongfully arrested during a commissioner's meeting.
 
Frenchko's attorney Dave Betras tells 21 News the judge's ruling is a big win for his client. 
 
In his 91 page ruling Judge J. Philip Calabrese explains at this July 7, 2022 commissioners meeting no probable cause existed for deputies to arrest Trumbull County Commissioner Niki Frenchko for disrupting a public meeting. 
 
"I mean the first sentence of the judge's decision says it all. In America we do not arrest our political opponents for their speech and that's what they did to Nike Frenchko," Attorney David Betras emphasized.
 
"When I saw the first words of the opinion to hear that coming from a federal judge who knows what our country is supposed to be about and that is allowing people having the right to free speech and public discourse, it was completly vindicating. I was happy to hear that a federal judge recognized the importance of free speech and you can not jail political enemies or opponents beause they disagree with you," said Trumbull Commissioner Frenchko.
 
The Federal Judge determined Frenchko's First and Fourth Amendment rights were violated during her arrest. 
 
"You don't get to arrest someone because you don't like what they say. Maybe in Russia, but not in America. It doesn't work," Attorney Betras said. 
 
"It's a matter of law. It's not even going to a jury. There are some ancillary issues we have to try, but this is a case of how much she was dammaged," Betras added.
 
At that meeting Frenchko refused to appologize for reading a letter on the record detailing a parents claims their son had not received proper medical care in the jail which operations are overseen by the Sheriff Paul Monroe. 
The criminal charge against her was later dismissed.
 
It will be up to a jury to decide if Sheriff Paul Monroe, two deputies, and Former Commissioners Frank Fuda and Commissioner Mauro Cantalamessa consipired to arrest Frenchko. 
 
If puntative damages are awarded the judge ruled there is no qualified immunity. 
 
"He stripped all of those public officials of thier qualified immunity which means it will have to come out of their pockets if puntative damages are awarded," Betras said.
 
Commissioner Frenchko says she feels vindicated and had to push back against tyranny with a lawsuit.
 
She worries about what could happen to others who speak out?
 
Commissioner Frenchko points out they arrested her in a public meeting, walked her out in handcuffs for exercisizing her First Amendment rights and they did to a duly elected official.  
 
"I felt compelled to file this lawsuit becuse if they do this to me they are going to do this to other people," Commissioner Frenchko emphasized.
 
"It sends a strong message to everyone in the United States that people can be held personally responsible when they violate your first amendment and they arrest you falsely. It's not ok for them to do what they did," Frenchko said. 
 
The judge did grant Trumbull County some summary judgement claims.
 
Trumbull Commissioner Mauro Cantalamessa and Former Commissioner Fuda declined to comment. 
 
21 News has also reached out to Sheriff Paul Monroe and his attorney and are awaiting a response.