Foster mother sues over arrest by Toledo police

Woman cites excessive force, other claims in $1M lawsuit

7/1/2014

A Toledo foster mother is suing the city of Toledo, the Toledo Police Department, and an individual officer claiming her civil rights were violated and excessive force was used during her arrest last year.

The lawsuit, filed Friday in U.S. District Court, alleges that Toledo police Officer Michael P. Smith, a 10-year veteran, grabbed the plantiff, Beverley Hardaway, knocked her into a table, threw her to the ground, and dragged her “more than ten feet” inside her Country Squire Lane home on Oct. 4. The lawsuit also alleges that Officer Smith intentionally filed false child-endangering charges against Mrs. Hardaway.

The case makes 13 “claims” against the defendants, including police misconduct, deprivation of civil rights, unlawful restraint, assault, battery, intentional infliction of emotional distress, reckless infliction of emotional distress, conspiracy, malicious prosecution, and deprivation of life and liberty.

Adam Loukx, city law director, declined to comment.

The lawsuit seeks nearly $1 million in damages.

In May, Mrs. Hardaway was found not guilty in Toledo Municipal Court of child endangering. One of her foster children alleged that she would not let him into her home because he was out past his 9 p.m. curfew. Police were called to the home and Mrs. Hardaway was arrested. The lawsuit alleges that Mrs. Hardaway never told the foster child he was not allowed in her home.

Mrs. Hardaway is still a foster parent, though she temporarily lost custody of her foster children after being charged.

“It just put a black eye on everything that she built her career … around,” said Arnold Reed, the attorney representing Mrs. Hardaway. “ … This is particularly egregious because something like this should never have happened.”

Contact Taylor Dungjen at tdungjen@theblade.com, or 419-724-6054, or on Twitter @taylordungjen.