Jennifer Miller of Brookfield, Ohio, files suit in federal court against a Brookfield Township police officer for violating her rights

Nadine Grimley and Molly Burke

23 mins ago

BROOKFIELD, Ohio (WKBN) — A Brookfield woman has filed a lawsuit in federal court claiming her rights were violated when she was injured during her arrest in November.

An internal investigation conducted by former police chief Dan Faustino has already cleared the Brookfield Township officer of any wrongdoing.

In the lawsuit, Jennifer Miller claims her constitutional rights under the Fourth and 14th Amendments were violated by unreasonable seizures and excessive force after she was taken to the police station for arrest on a drunken driving charge. The incident occurred after Miller was pulled over on November 8, 2023. Miller filed a complaint against the officer the next day.

In her lawsuit filed Wednesday, Miller claims she was “knocked to the ground with a martial arts throw that rendered her unconscious.” She is seeking $1 million in damages.

The complaint also states that she did not behave aggressively or pose a threat to the officer. It says she “suffered significant physical pain, lost daily functions, suffered mental anguish, emotional distress, damage to her reputation, and incurred significant expenses, including legal and medical fees. Some or all of these injuries may be permanent.”

The internal investigation found that a combination of Miller’s intoxicated state, her resistance to entering the cell, and the officer’s one-handed pulling and pushing to get her in apparently contributed to her fall and injury. It also found that she appeared to be wearing a high-heeled boot with a shiny heel, “which contributed to her feet slipping out from under her.”

The officer also stated in the investigation that it “happened so quickly that he is still not sure what happened.” He believes she tripped over her own feet and fell, or simply fell on purpose.

It also said the officer remained calm during the incident and if Miller had followed the officer’s instructions, it would not have happened. It also said there was no obvious violation of policy, but officers are required to treat prisoners respectfully and with due care. The officer “may not have treated the prisoner with due care, but we believe he followed policy.”

“We have never had an incident like this in our custody area,” said Police Chief Aaron Kasiewicz. “The officer’s intention was not to harm her. It is a tragic accident. We will do what we can to make sure this does not happen to anyone else.”

According to a Brookfield Police press release, the final results of the investigation were discussed with Miller, who did not dispute the findings.

Kasiewicz said that following the incident, there have been some changes in the way officers treat people in custody.

“One change in particular is that we now remove the handcuffs in the cell rather than outside,” he said. “We have even looked into the possibility of changing the flooring in our booking area to prevent them from slipping.”

First News contacted Miller. She referred First News to her lawyer, who declined to comment on the lawsuit.