Charles Black and Stephanie Black, both of 11101 Lombard Road, Rockford, filed the suit June 26 claiming 16 causes of action against the police department and Patrolman Tom Kennedy. The claims include trespass to property, negligence, harassment, slander, conspiracy, disorderly conduct, breach of confidence, breach of close with a deadly weapon, breach of duty, coercion, assault, malice, indicting violence, malfeasance, malicious abuse of legal process and invasion of privacy. No other details were included in the filling.
St. Marys Police Chief Greg Foxhoven declined to comment on specifics of the case. City Law Director Kraig Noble also declined to comment on specifics of the case, but said the suit would be defended.
"The suit is totally without merit and will be defended with utmost vigor," Noble told The Evening Leader Wednesday morning. "We'll be filing certain motions to deal with what we perceive are defects in the complaint."
According to the filing, Noble has 28 days from time of service to respond to the suit to the plaintiff's attorney. An answer must then be filed in court with three days of that date.
According to court records, Stephanie H. Black, same address as in the suit, has a case pending in Auglaize County Municipal Court on one charge each of OVI and physical control. The agency in the case is the St. Marys Police Department and Kennedy is named as the officer involved in the case. The alleged offenses took place March 5 in the Chestnut Street parking lot.
Charles Black said Kennedy arrived at his residence June 20 to serve his daughter a citation — something he questioned. Black said he believes Kennedy lacked the jurisdiction to do so and failed to follow proper protocol.
“I asked him six times to get off the property,” Black told The Evening Leader Wednesday afternoon. “I called the Mercer County Sheriff and said I would remove him personally. I told him he needed to go through the proper channels.”
Black said he later visited the St. Marys Police Department to talk with Foxhoven about the incident. Black said he showed Foxhoven with a photograph showing Kennedy’s vehicle along the side of the road near his property and Foxhoven told him to leave.
“He’s out of his jurisdiction,” Black said of Kennedy.
 

Read more in Thursday's edition of The Evening Leader.