LORDSTOWN - Former Village Councilman Stanley Zoldan said he and his attorney are appealing a recent decision that dismisses the village from his lawsuit claiming malicious prosecution.
Zoldan also is taking issue with the same decision by Trumbull County Common Pleas Judge Andrew Logan that throws out claims of defamation and intentional infliction of emotional distress that the judge said is time-barred by a one-year statute of limitation.
Claims of malicious prosecution and abuse of process still remain in the lawsuit against former Mayor Michael Chaffee. And the case remains in a holding pattern until a decision is made by the 11th District Court of Appeals on the statute of limitation and Logan's ruling granting immunity to the village on the claims.
Zoldan was still a councilman when he sued the village and Chaffee in November of 2012 over his arrest seven months earlier on charges of disrupting public service - originally filed as a felony.
Zoldan said he filed the lawsuit because instead of giving him a court summons after he was charged with shutting down the power to twin wind turbines that partly power the village's administration building, village officials opted to have him arrested and taken into custody in handcuffs. He had to post a $5,000 bond.
The lawsuit states Zoldan was ''fingerprinted, photographed and his personal information was permanently entered into databases of arrestees."
''Zoldan's picture appeared in numerous newspapers and media outlets, causing him humiliation,'' according to the lawsuit.
After the lawsuit was filed, the charge against Zoldan was reduced from a felony to a misdemeanor before it was dismissed in January of 2012.
Niles Municipal Court officials, where the case was transferred, said since Zoldan cut off the power to the turbines and not to the Administration Building, the charge didn't rise to the seriousness of a felony.
Zoldan told reporters at the time of his arrest that he believed the operation of the turbines were unsafe and they hadn't been properly inspected.
He argued, at the time, that if someone had been electrocuted, the village would have been responsible. He said he only shut down the fuse box that operated the turbines and only until Ohio Edison inspected the equipment.
Zoldan lost his bid to get re-elected to Council in November when he ranked fifth in a race to fill four council seats.
In the 1980s, Zoldan, who was not serving on council at the time, sued then-Mayor Carl Underwood, claiming the village and police used the mayor's towing service and cutting his own Zoldan's Towing out of the rotation to tow cars.
That case reached a settlement before going to trial, and police started using the tow service he operated.