PRESS RELEASE
Craig T. Conley Co., LP A.
ATTORNEY AND COUNSELOR AT LAW
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February 18, 2014
TO: Local Media
FROM: Craig T. Conley, Esq,
RE: Timothy A. Swansea v. George T. Maier, Stark County Common Pleas Court Case No. 2014 CV 00436
Today, Timothy A. Swanson timely filed an O.R.C. 2733.18 action against George T. Maier demanding recovery from Mr. Maier personally of the salary and fringe benefits to which Mr. Swanson, as the rightful Acting Sheriff, was entitled during the time period of Mr. Maier'S usurpation and unlawful holding of the public office of Stark County Sheriff.
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In bringing this statutory action against Mr. Maier, Mr. Swanson is seeking justice, not any personal enrichment, noting that this litigation will not cost the taxpayers of Stark County anything.
Therefore, assuming he prevails, Mr. Swanson will pay out of his recovery against Mr. Maier any applicable taxes and attorney's fees (in this action and in his successful quo warranto action against Usurper Maier) and will donate the entire net balance to "Wishes Can Happen" for the benefit of seriously ill children.
THE CORE OF THE COMPLAINT
6. On February 5, 2013, the Stark County Democratic Central Committee appointed Maier to the public office of Stark County Sheriff.
7. Following that appointment, Swanson filed a quo warranto action against Maier before the Supreme Court of Ohio in its Case No. 2013-0274 whereby Swanson sought Maier's ouster as a usurper and his own reinstatement as the rightful Sheriff.
8. On November 6, 2013, the Supreme Court of Ohio issued.its Opinion in The State ex rel. Swanson v. Maier, 137 Ohio St.3d 400, 2013-Ohio-4767 whereby the Court ousted Maier as Stark County Sheriff and reinstated Swanson as acting Stark County Sheriff.
9. During his unlawful tenure as and usurpation of the public office of Stark County Sheriff, Maier was, as set forth in the attached Exhibit A, paid a total of $88,511.75 in wages and fringe benefits for the time period February 5, 2013 through November 6, 2013, during which same time period said public office was unlawfully withheld from Swanson, the rightful claimant thereto.
10. Swanson, although the rightful Sheriff during the time period referred to in paragraph no. 9 hereinabove, was not paid his wages and fringe benefits therefor.
11. Plaintiff incorporates by reference herein the allegations contained in paragraphs nos. 1 through 10, inclusive, hereinabove.
12. As a result of Maier's aforesaid usurpation of Swanson's rightful position, Swanson has sustained damages in the amount of $88,511.75 as and for the emoluments and salary, benefits and other entitlements which he should have received as the rightful holder of the public office of Stark County Sheriff.
13. Under O.R.C. 2733.18, Swanson is therefore entitled to a judgment against: Maier for the full amount of those damages.
WHEREFORE, en his Claim for Relief herein, Plaintiff demands judgment against Defendant personally as follows:
A) Judgment against Maier in the amount of $88,511.75, plus statutory interest thereon, plus costs; ... .
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THE CORE OF THE COMPLAINT
6. On February 5, 2013, the Stark County Democratic Central Committee appointed Maier to the public office of Stark County Sheriff.
7. Following that appointment, Swanson filed a quo warranto action against Maier before the Supreme Court of Ohio in its Case No. 2013-0274 whereby Swanson sought Maier's ouster as a usurper and his own reinstatement as the rightful Sheriff.
8. On November 6, 2013, the Supreme Court of Ohio issued.its Opinion in The State ex rel. Swanson v. Maier, 137 Ohio St.3d 400, 2013-Ohio-4767 whereby the Court ousted Maier as Stark County Sheriff and reinstated Swanson as acting Stark County Sheriff.
9. During his unlawful tenure as and usurpation of the public office of Stark County Sheriff, Maier was, as set forth in the attached Exhibit A, paid a total of $88,511.75 in wages and fringe benefits for the time period February 5, 2013 through November 6, 2013, during which same time period said public office was unlawfully withheld from Swanson, the rightful claimant thereto.
10. Swanson, although the rightful Sheriff during the time period referred to in paragraph no. 9 hereinabove, was not paid his wages and fringe benefits therefor.
CLAIM FOR RELIEF
(STATUTORY DAMAGES)
11. Plaintiff incorporates by reference herein the allegations contained in paragraphs nos. 1 through 10, inclusive, hereinabove.
12. As a result of Maier's aforesaid usurpation of Swanson's rightful position, Swanson has sustained damages in the amount of $88,511.75 as and for the emoluments and salary, benefits and other entitlements which he should have received as the rightful holder of the public office of Stark County Sheriff.
13. Under O.R.C. 2733.18, Swanson is therefore entitled to a judgment against: Maier for the full amount of those damages.
WHEREFORE, en his Claim for Relief herein, Plaintiff demands judgment against Defendant personally as follows:
A) Judgment against Maier in the amount of $88,511.75, plus statutory interest thereon, plus costs; ... .
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