MIFFLIN — A civil case involving Mifflin’s mayor has been stalled since late April and appears it will continue to stall until next year.
Still, Fred Craig — the plaintiff — hasn’t and won’t give up, he said.
Craig filed the civil suit on June 7, 2023 against former councilwoman Joyce Amos, the village and township of Mifflin, the village’s police department and its police chief, Jerry Snay.
The civil suit stemmed from Craig’s arrest and subsequent misdemeanor charge of menacing by stalking in January 2022. The case was eventually dismissed.
In the suit, Craig claimed he was falsely arrested and charged.
A year later, the only defendant remaining is Snay, who most recently ran an unsuccessful campaign in Richland County against longtime incumbent Daniel Smith to be Mansfield Municipal Court’s next clerk of courts.
Court records show all other defendants have been dismissed from the case that alleges Snay’s arresting of Craig was “illegally politically motivated” and claims the “false criminal charges carried a jail sentence and exposed (Craig) to the potential loss of freedom.”
“The acts of the Defendants were unconscionable and offended the bounds of decency. Defendants knew or should have known their acts would cause the emotional distress, mental anguish, embarrassment, anxiety, fear and humiliation to (Craig),” the complaint reads.
At the time of Craig’s arrest, he had recently been elected as a councilman. During his campaign, he attended public village council meetings and exchanged heated words with Amos.
Their beef was over property lines and alleys, one that Amos and Craig have said dates back years.
The feud, Craig alleged, resulted in his false arrest and charge. Amos was suspended and expelled indefinitely from office by her fellow council members following the controversy.
Legally, however, Amos is in the clear, according to rulings made in Ashland County Court of Common Pleas. Magistrate Paul Lange dismissed Craig’s complaint against Amos on Jan. 31, citing her right to absolute privilege.
“The law recognizes that false, defamatory matter may be published without civil liability,” Lange said, citing a 1994 Ohio Supreme Court case.
“The court … finds that (Craig) can prove no set of facts in support of his claim that would entitle him to relief,” wrote Lange in his decision. Common Pleas Judge Dave Stimpert reinforced Lange’s decision in a March 28 decision.
What now?
Craig said he disagrees with the decision.
“Basically what the judge decided was that you can go lie, tell a cop whatever you want and there’s no legal recourse. Say whatever you want to a cop and have somebody arrested. And then have immunity,” he said.
Craig said the strategy now, therefore, is to focus on Snay.
“He was in charge of the malicious prosecution without probable cause. He should have done his own due diligence (before arresting me),” he said.
Snay’s attorney, John David Latchney, also argued in support of absolute privilege on behalf of his client. He cited Ohio Revised Code, which states:
“The political subdivision is immune from liability if the employee involved was engaged in the performance of a judicial, quasi-judicial, prosecutorial, legislative, or quasi-legislative function,” reads ORC Chapter 2744.03 (A1).
Court records do not show a decision on Latchney’s argument. Instead, Stimpert adopted Lange’s decision that granted Amos immunity on May 23.
A final pretrial has been scheduled for Jan. 10, 2025, followed by a civil jury trial starting Feb. 11.
Latchney and Snay were not immediately available to comment.
Craig’s history with the village
Craig has served as Mifflin’s mayor since the start of the year, but his public service began more than 20 years ago.
Craig’s public service first began in 2002, when he was elected to the village’s council. He then became the mayor in 2012 and served through 2015. He ran again in 2019 but lost by 16 votes.
Most recently, Craig became the village’s mayor again — this time by the skin of his teeth. He ran as a write-in candidate in 2023. Results on Election Day were too close to call.
Unofficial tallies put incumbent Vickie Shultz ahead by one vote. When provisional ballots came back, one additional vote went to Craig, tying the results and prompting a coin toss.
Shultz won the toss, but only temporarily. The toss prompted a state-mandated automatic recount. The recount revealed that a voter had voted for Craig, but hadn’t colored the oval. The vote, therefore, hadn’t been counted originally because the tabulation system missed it.
That lone vote broke the tie in Craig’s favor.