Case: 1:23-cv-01483-BMB Doc #: 1 Filed: 07/29/23 1 of 20.

PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

(individually
and/or as parent/next friend
of Plaintiffs and
minors)
(Address Redacted) Case No.

and JUDGE

(individually COMPLAINT
and/or as custodian/next friend
of Plaintiff SFK, a minor, JURY DEMAND ENDORSED HEREIN
(Address Redacted),

and

(Address Redacted),

and

a minor
(Address Redacted)

and

a minor
(Address Redacted),

and

a minor
(Address Redacted),

Plaintiffs,
 Case: 1:23-cv-01483-BMB Doc #: 1 Filed: 07/29/23 2 of 20. PageID #: 2

v.

CRAWFORD COUNTY, OHIO

C/O CRAWFORD COUNTY COMMISSIONERS
TIM LEY, LARRY SCHMIDT AND
DOUG WEISENAUER
112 E. Mansfield Street
Bucyrus, Ohio 44820,

and

CRAWFORD COUNTY JOB AND FAMILY

SERVICES/CRAWFORD COUNTY, OHIO
c/o Melinda Crall-Cauley, Director
224 Norton Way
Bucyrus, Ohio 44820,

and

MELINDA CRALL-CAULEY(individually
and/or Director and/or agent
or employee of Crawford County
Job and Family Services/
Crawford County, Ohio)
224 Norton Way
Bucyrus, Ohio 44820,

and

MOLLY KIDWELL (individually and/or

as agent and/or employee of Crawford
County Job and Family Services/Crawford
County, Ohio)
224 Norton Way
Bucyrus, Ohio 44820,

and

BUCYRUS POLICE DEPARTMENT/

CITY OF BUCYRUS, OHIO
c/o Chief Neil Assenheimer
500 S. Sandusky Avenue
Bucyrus, Ohio 44820,

and

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CITY OF BUCYRUS, OHIO

c/o Mayor Jeff Reser
500 S. Sandusky Avenue
Bucyrus, Ohio 44820,

and

DETECTIVE JAMIE CARVER

(individually and/or as agent
and/or employee of the City of
Bucyrus, Ohio in its Police
Department)
c/o Bucyrus Police Department
500 S. Sandusky Avenue
Bucyrus, Ohio 44820,

and

OFFICER DEVIN WIREMAN (individually

and/or as agent and/or employee of
the City of Bucyrus, Ohio in its
Police Department)
c/o Bucyrus Police Department
500 S. Sandusky Avenue
Bucyrus, Ohio 44820,

and

JANE/JOHN DOE(S) (in their individual

and/or official capacities)
Addresses to be determined,

Defendants.

INTRODUCTION AND PARTIES

1. The jurisdiction of this Court is invoked pursuant to the

provisions of 28 U.S.C. Section 1343(4), this being an action

in equity and a suit authorized by law to be commenced by any

person to recover damages for injury and to secure other

relief under acts of Congress providing for the protection of

civil rights.

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2. The jurisdiction of this Court is also invoked pursuant to

28 U.S.C. Section 1331, this being a civil action wherein the

matter in controversy exceeds the sum or value of seventy-five

thousand dollars ($75,000.00), exclusive of interest and

costs, and arises under the Constitution and laws of the

United States.

3. The jurisdiction of this Court is also invoked pursuant to

the provisions of 28 U.S.C. Section 1343(3), this being a suit

to redress the deprivation, under color of any State law,

statute, ordinance, regulation, custom or usage, of any right,

privilege or immunity secured by the Constitution of the

United States or by any Act of Congress providing for equal

rights of citizens or of all persons within the jurisdiction

of the United States.

4. The plaintiffs are seeking remedies pursuant to 42 U.S.C.

§1983, wherein every person, who, under color of any statute,

ordinance, regulation, custom, or usage, of any State or

territory, subjects, or causes to be subjected, any citizen of

the United States or other person within the jurisdiction

thereof to the deprivation of any rights, privileges, or

immunities secured by the Constitution and laws, shall be

liable to the party injured in an action at law, suit in

equity, or other proper proceeding for redress.

5. The plaintiff is a resident of Crawford

County, Ohio and is the custodial p rent and next friend of

Plaintiffs and minors. He is married to Plaintiff

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6. The plaintiff is a resident of Crawford

County, Ohio and at all times relevant was the guardian of CFK

who is a minor, by virtue of being his step mother in a prior

marriage. She has been married to Plaintiff since

in or about 2021.

7. The plaintiff, is a resident of Crawford

County, Ohio and at the time of the incident at issue was not

emancipated. She suffers from anxiety, PTSD, and depression.

8. The plaintiff, is a resident of Crawford County, Ohio

and at the time of the incident at issue in this Complaint was

sixteen (16) years of age. He is autistic and suffers from

anxiety, PTSD, ADHD, insomnia and depression.

9. The plaintiff, is a resident of Crawford County, Ohio

and at the time of the incident at issue in this Complaint was

fourteen (14) years of age. He suffers from anxiety, PTSD,

ADHD, depression and insomnia.

10. The plaintiff, is a resident of Crawford County, Ohio

and at the time of the incident at issue in this Complaint was

nine (9) years of age. She suffers from anxiety, PTSD, ADHD,

depression, insomnia and binge eating disorder.

11. The defendant, Crawford County, Ohio (hereinafter

referred to as "County") is a municipal corporation, duly

licensed and authorized to do business in the State of Ohio,

and is a resident of and/or does business within Crawford

County, Ohio.
12. The defendant, Crawford County Job and Family

Services/Crawford County, Ohio (hereinafter referred to as

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"JFS") is a municipal corporation, duly licensed and

authorized to do business in the State of Ohio, and is a

resident of and/or does business within Crawford County, Ohio.

Said Defendant also provides child protective services for

residents of Crawford County, Ohio.

13. The defendants, Melinda Crall-Cauley, Molly Kidwell and

one or more defendants Jane/John Doe(s) are/were directors

and/or supervisors and/or agents, officers or employees of

defendant JFS and at all times relevant to this Complaint were

acting in such capacity, in furtherance of the business

interest of said defendant and within the scope of their

respective said authority and/or were acting in their

respective individual capacities.

14. The defendant, City of Bucyrus, Ohio (hereinafter

referred to as "City") is a municipal corporation, duly

licensed and authorized to do business in the State of Ohio,

and is a resident of and/or does business within Crawford

County, Ohio.

15. The defendant, Bucyrus Police Department/City of Bucyrus,

Ohio (hereinafter referred to as "BPD") is a municipal

corporation, duly licensed and authorized to do business in

the State of Ohio, and is a resident of and/or does business

within Crawford County, Ohio.

16. The defendants, Detective Jamie Carver, Officer Devin

Wireman and one or more defendants Jane/John Doe(s) are

agents, officers and/or employees of defendant BPD and at all

times relevant to this Complaint were acting in such capacity,

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in furtherance of the business interest of said defendant and

within the scope of their respective said authority, and/or

were acting in their respective individual capacities.

17. The Defendants, Jane/John Doe (hereinafter “Does”), are

pseudonyms for the persons who planned, participated in or

otherwise engaged in the conduct complained of herein. The

names of said Defendants will be substituted after discovery.

FIRST CLAIM – 42 U.S.C. 1983, Equal Protection

18. The plaintiffs hereby incorporate by reference the facts

and law as alleged in paragraphs one (1) through seventeen

(17) of this Complaint as if fully rewritten herein.

19. Since on or about February 7, 2022, and up to the present

time and into the foreseeable future, the plaintiffs have and

will be denied equal rights with parents who do not have

children with disabilities and serious medical conditions,

thereby discriminating against them on the basis of same, in

violation of their Constitutional right to equal protection of

laws.

20. The denial of equal rights, and/or discrimination

referred to in the preceding paragraph of this Complaint

consist of the following, all or the sum of which shall be

deemed to be original instances of discrimination by

defendants and/or retaliation against plaintiffs for their

complaints concerning their discriminatory treatment by

defendants and/or which establish a pattern and practice by

defendants of violation of the Constitutional and legal rights

of parents and families in Crawford County, Ohio.

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21. The discrimination against plaintiffs by defendants is

evident from the treatment of Plaintiffs throughout the ordeal

which forms the basis for their Complaint in this case.

22. These facts of the ordeal which form the basis for the

Plaintiffs’ Complaint in this case include, but are not

limited to the following, all of which pertain to each of

Plaintiffs’ claims in this case:

A. On or about February 7, 2022 Plaintiff then nine

(9) years of age, disclosed to her great aunt that she had

been raped the night before by CFK, a then sixteen year old

boy who lived in home with the other plaintiffs;

B. great aunt immediately informed Plaintiff

of the allegation, who in turn informed plaintiff

who was having surgery at the time;

C. great aunt took her to the local hospital

emergency room where I.A. was examined by a Sexual Assault

Nurse Examiner (SANE nurse) and Defendant Bucyrus Police

Department and JFS were advised of the situation by the

hospital as required by law;

D. was anxious, sweating and shaking and was

frightened to the point that she had anxiety attacks in fear

that she was pregnant or would become ill and could never have

a boyfriend or get married; further, anxiety did not

decrease even when her lab tests came back negative for STD’s

and pregnancy; further, was too frightened to stay at her

own house that night;

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should have been common knowledge of a JFS investigator that

perpetrators of sexual abuse are cunning liars and further

that no such decision should be made until investigation and

testing of the rape kit occurred;

J. Because plaintiff sister was afraid of

CFK, upon said plaintiff’s insistence, the said caseworker

supervisor drove CFK to Cincinnati for mental health

evaluation, had him temporarily committed to a treatment

facility there, and by on or about August 24, 2022 moved to

have him permanently placed with JFS and remain at the

facility;

K. On or about March 8, 2022 a dependency complaint was

filed by JFS alleging that CFK was dependent and on or about

March 22, 2022 he was found to be dependent and formally

committed to the temporary custody of JFS;

L. The defendant caseworker supervisor did not change

her position even after she learned that semen was found in

the rape kit and even after she was advised that CFK had

drugged and raped others people in plaintiffs’ home;

M. Defendants JFS and Doe(s) advised Bucyrus Police

department that the case against CFK was unsubstantiated;

however, despite the foregoing, on or about March 24, 2022

said defendants advised Plaintiffs’ and

that abuse was “indicated”, yet continued to refuse to take

action against CFK;

N. On or about February 8, 2022 Plaintiff was

interviewed by Officer Devin Wireman of the Bucyrus Police

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had also dropped off blankets at the Bucyrus Police Department

for testing as evidence in the case;

R. Because of the belief that CFK had drugged and raped

others in the household, when Plaintiff suffered

an irregular pregnancy which caused no baby to form, but

created tumors that turned into cancer requiring chemotherapy,

she requested pathology tests to determine whether she, too,

and been drugged and raped by CFK; however, defendants JFS and

the City of Bucyrus/Bucyrus Police Department refused to

consider such a possibility and refused to send a sample of

the rape kit to the pathologist; further, no Sane exam or rape

kit was performed on plaintiff

S. On or about March 22, 2022 Plaintiffs and

were presented with a document which they were

told was a termination of the dependency proceedings when in

fact it was a detailed case plan containing lies, false

statements falsely attributed to Plaintiffs and

numerous requirements for said plaintiffs,

including but not limited to requirements for parenting

classes, counseling and other restrictive activities, and

generally penalizing said plaintiffs and not CFK for the

action he took against

T. Defendant JFS advised plaintiffs and

that they would be provided resources and

services to assist them and the other plaintiffs with dealing

with the rape allegation and the turmoil it caused in their

home, including but not limited to parenting classes, trauma

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counseling for the children and similar services; however,

neither such services nor information on where to obtain such

services were afforded to plaintiffs despite repeated requests

by and

U. When Plaintiff complained to JFS

concerning the inaction and dissatisfaction with the

caseworker assigned to the family, the caseworker created a

case plan consisting of lies, accusations and false statements

which she attributed to Plaintiffs and/or

to place them in a bad light;

V. The caseworker further chastised said plaintiffs for

having SANE and/or other medical examinations of the minor

plaintiffs based upon the allegations against CFK and their

fear that the said minors had also been assaulted and

reinforced her belief that CFK should be permitted to come

back into the home contrary to the wishes of and

W. Home visits by Defendant JFS investigators/

caseworkers were so accusatory and demeaning that Plaintiffs

and requested that their attorney be

present during same. Said defendants appeared to agree to

same; however, they timed their visits so that said Plaintiffs

were unable to give their attorney notice so that he could be

present;

X. Plaintiff filed complaints against the

Bucyrus Police Officers and the JFS caseworkers/investigators

and others because no action was taken to investigate and

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prosecute CFK nor to assist plaintiffs in dealing with the

situation; however, no action was taken on said complaints nor

to protect the plaintiffs or their constitutional rights;

further, the caseworker supervisor who was the subject of the

complaint was promoted by JFS;

Y. Plaintiffs and thereafter

learned that defendants blamed said plaintiffs for not

stopping the abuse, while at the same time, took the position

that CFK was the victim of false accusations and not the

abuser, all without cause, justification or excuse;

Z. Plaintiffs complied with the case plan in order to be

allowed to keep their children in their home, all at great

expense and inconvenience to all of the plaintiffs;

AA. On or about September 28, 2022 JFS filed a motion to

terminate supervision as to all the minor plaintiffs except

the alleged perpetrator of the rape, CFK because he was

already out of plaintiffs’ home. Said filing included

statements by JFS and defendant Kidwell to the effect that CFK

was at low risk of reoffending and that “confusion on what has

been reported versus what has been proven to be true regarding

all of the allegations” such that the report was made to

appear that CFK was the victim. The report included

statements that and refused to care for

CFK, that he was doing well, knew what he wanted to do with

his life and other such supportive comments for the said
perpetrator, while disparaging and disregarding the other

children in the household because they had other medical

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and health issues;

BB. Shortly before the hearing on said amended case plan

the caseworker supervisor described above committed suicide;

CC. On or about October 25, 2022 the case plan was

adopted as to CFK; however, the case plans for the other minor

children were not terminated until January 13, 2023 despite

the fact that the same case plan was utilized for the other

children;

DD. On or about June 29, 2022 Plaintiffs and

filed a complaint with the Bucyrus Police

Department concerning the misconduct of defendant Wireman.

Any wrongdoing on the part of said defendant was denied;

EE. On or about July 7, 2022 Plaintiffs and

filed a complaint with JFS to redress the unfair,

irresponsible and retaliatory treatment they had suffered and

continued to suffer at the hands of defendants and other

employees of said defendant;

FF. By letter dated July 14, 2022 Defendant JFS denied

any wrongdoing or impropriety by any of its employees; and

GG. Plaintiffs’ home continued to be disrupted by

defendants without cause, justification or excuse for almost

one year.

23. The acts and conduct and/or failures to act of the

defendants as set forth heretofore, constituted willful and

wanton misconduct and/or reckless disregard for the rights of

families such as plaintiffs.

24. As a direct and proximate result of the wrongful acts and

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conduct and/or failures to act of defendants plaintiffs

suffered loss of income and such severe and intense emotional

and physical distress as to require medical care and

treatment, suffered loss of consortium and family relations

and were unable to carry on the activities of daily living for

several months and continue to suffer as a result thereof;

further, plaintiffs and were forced to

defend against unfounded insinuations of child abuse or

neglect and suffered injury and damage as a result of the

stigma attached thereto; further, said plaintiffs have and

will continue to incur medical expenses and legal fees and

expenses to seek vindication of their legal rights.

SECOND CLAIM 42 U.S.C. 1983, Due Process

25. The plaintiffs hereby incorporate by reference the facts

and law as alleged in paragraphs one (1) through twenty-four

(24) of this Complaint as if fully rewritten herein.

26. Defendants' conduct and/or delay in investigating, making

unsupported conclusions and/or taking the action complained of

herein is unreasonable, unjust and unreasonable and/or unjust

under the circumstances.

27. The defendants JFS, County, Crall-Cauley, and City of

Bucyrus, respectively, are responsible for the policies,

statements, ordinances, regulations, customs, and/or usages,

which policies, statements, ordinances, regulations, customs

and/or usages are pursued by the respective defendants under

color of law.

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28. Said defendants have promulgated and/or adopted customs,

usages, statements, ordinances, regulations and/or policies

whereby reckless disregard for the best interest of children,

failure to perform duties required by law, failure to

investigate serious crimes and denial of constitutional rights

under color of law including but not limited to due process,

equal protection, the right to government services and the

right to make decisions regarding the care, custody and

control of children have become the norm, the same being

condoned, uncontrolled and unpunished.

29. The plaintiffs have been subjected, because of those

actions and/or failures to act of defendants as set forth

foregoing, to deprivation under color of law and of the custom

and usage of defendants of rights, privileges and immunities

secured to plaintiffs by the Constitution and laws of the

United States, and particularly their rights to due process,

the right to government services and the right to make

decisions regarding the care, custody and control of children

30. Defendants each knew of and/or should have known, and/or

participated in the illegal acts and conduct set forth

foregoing and should have taken appropriate action to stop

and/or prevent such illegal acts and conduct from taking

place.

31. The extreme and outrageous acts and conduct and/or

failures to act of defendants were performed knowingly,

intentionally, wantonly, willfully, recklessly and maliciously

to the detriment and injury of plaintiffs.

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32. As a direct and proximate result of each defendant’s

extreme and outrageous acts and conduct plaintiffs have

suffered those damages set forth in the foregoing paragraph

twenty-four (24).

THIRD CLAIM 42 U.S.C. 1983, Failure to Train

33. The plaintiffs incorporate by reference the facts and law

as alleged in paragraphs one (1) through thirty-two (32) as if

fully rewritten herein.

34. Defendants County, JFS, Crall-Cauley, City of Bucyrus and

Bucyrus Police Department have failed to adequately and

properly train its/their investigators/ officers/agents in

matters concerning DNA testing, rape kits, investigation

allegations of child rape and other matters related to the

health and welfare of children and families.

35. As a direct and proximate result of the wrongful acts and

conduct and/or failures to act on the parts of said defendants

plaintiffs have suffered those damages set forth in the

foregoing paragraph twenty-four (24).

FOURTH CLAIM – Gross Negligence under color of law

36. The plaintiffs hereby incorporate by reference the facts

as alleged in paragraphs one (1) through thirty-five (35) of

this Complaint as if fully rewritten herein.

37. The actions of defendants constitute gross negligence/

negligence.

38. As a direct and proximate result of the wrongful acts and

conduct of defendants plaintiffs have suffered those damages

as set forth in paragraph twenty-four (24) of this Complaint.

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FIFTH CLAIM Violation of Federal Law and the U.S. Constitution

39. The plaintiffs hereby incorporate by reference the facts

as alleged in paragraphs one (1) through thirty-eight (38) of

this Complaint as if fully rewritten herein.

40. The actions of defendants constitute willful, wanton,

deliberately indifferent, intentional and/or reckless

violation(s) of federal and state law, including but not

limited to the Fourth and Fourteenth Amendments to the United

States Constitution and 42 U.S.C. Section 1983.

41. As a direct and proximate result of the wrongful acts and

conduct of defendants plaintiffs have suffered those damages

as set forth in paragraph twenty-four (24) of this Complaint.

WHEREFORE, plaintiffs demand judgment on the foregoing

claims, whether considered jointly and/or severally, against

defendants jointly and/or severally, as follows:

1. Awarding compensatory and/or special damages in excess

of seventy-five thousand dollars ($75,000.00);

2. Awarding punitive damages in excess of seventy-five

thousand dollars ($75,000.00);

3. Granting injunctive relief ordering defendants to

cease and desist their unlawful conduct, to remove all

derogatory remarks concerning plaintiffs from any registry or

reporting agency, and to cease and/or take certain action as

appropriate, as determined at trial;

4. Awarding reasonable attorney fees and costs and

expenses of bringing this action; and

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5. Awarding other and further relief as this Court deems

just and equitable.

Respectfully submitted,

James H. Banks
James H. Banks 0031958
Counsel for Plaintiffs
P.O. Box 40
Dublin, Ohio 43017
Tel. (614) 866-0666
Fax. (614) 396-7747
Email: Najjarbank@aol.com

JURY DEMAND

Plaintiffs demand a trial by jury of this action.

James H. Banks
James H. Banks, Esq.

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