A former Streetsboro man said he may continue with legal action after his appeal of the dismissal of a federal lawsuit alleging that he was abused while incarcerated in Portage County Jail ended in early December, but he is also looking forward to moving on.
“My attorney and I will continue to litigate this issue to the extent that it requires litigation, and if a future appeal is necessary we will not hesitate to file it,” said Brett M. McClafferty in an email to the Record-Courier. “With that being said, I am living a very prosperous life in the U.S. Virgin Islands and am eager to move on from a very dark period of time in my life for which I was severely mistreated by Portage County. I am grateful to the U.S. Court of Appeals for the 6th Circuit for vacating the ridiculous award of attorney fees, and making it abundantly clear that there is absolutely no finding that my claims are, or have ever been, meritless.”
An attorney representing the county did not return a phone call seeking comment.
The U.S. Sixth District Court for the Northern District of Ohio dismissed McClafferty’s case this past March. According to a 13-page opinion, filed Dec. 3, the appeals court affirmed the dismissal. The opinion states that the district court was justified in dismissing the case due to McClafferty omitting financial information on a form claiming “pauper status” and therefore that he should be exempt from costs related to the case, such as filing fees.
According to the opinion,...
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