County settles in federal lawsuit over alleged tasering of man, 71

Sources close to the case have indicated that the settlement was for $20,000, though attorneys for the plaintiffs and for sheriff’s officer Jerry Hallowell both said Friday that they are bound by a confidentiality agreement not to talk about the settlement.

Any monies to pay the plaintiffs would come from insurers for the state and/or county, and therefore would presumably be a matter of public record.

The Athens NEWS contacted the county’s insurance pool, the Counties of Ohio Risk-Sharing Authority. A source there confirmed that CORSA has a person in their claims unit handling the case, but that person did not return a phone call or an e-mail message before the end of the business day Friday.

Last June, Athens area resident Lonnie L. Cooper and two other plaintiffs sued Hallowell and Paul Koch, an officer of the Ohio Adult Parole Authority, in U.S. District Court in Columbus.

The suit alleged that during an attempt in May 2009 by the two officers to search a home owned by Cooper on Fisher Road (southwest of Athens), Hallowell, with no apparent legal justification, shocked Cooper twice with a Taser.

In legal filings, Koch maintained that he had no part in arresting or "seizing" Cooper during the incident, because as an APA officer, he has no arrest authority.

Hallowell claimed that he tased Cooper only after he "became aggressive and combative." He acknowledged that he had no search warrant for the home, but claimed the residents had given consent to the officers to search for a fugitive.

In an entry filed Thursday, the case was dismissed with prejudice, “having been voluntarily settled.” This means it cannot be re-filed.

Athens attorney Sky Pettey, who represented Cooper, said Friday that “definitely, we’re satisfied with the settlement.”

Both Pettey and Columbus attorney Christopher J. Wagner, who represented Hallowell, cited a confidentiality agreement when asked about terms of the settlement. The NEWS could not reach the attorney in the Ohio Attorney General’s office who represented Koch.

Cooper was charged with persistent disorderly conduct after being arrested during the May 2009 incident. He pleaded not guilty in Athens County Municipal Court, and the charge ultimately was dismissed.

Cooper alleged in his lawsuit that he suffered injuries during the Taser incident including a hurt neck, injuries to both shoulders, a cut on his left arm, bruising, and puncture wounds from the Taser probes. He also claimed that he never made any threatening comments or movements to instigate the use of the Taser.

Hallowell is currently the subject of an investigation by a special prosecutor, for allegedly having sex with a woman who was acting as a drug informant for the sheriff’s office.

Special prosecutor David Landefeld of Fairfield County told The Athens NEWS in January that he might be able to bring Hallowell’s case before an Athens County grand jury by late this month or early next month.