Madison Resident Files Federal Civil Rights Lawsuit Against Township Officials, Alleging First Amendment Retaliation
Michelle Goldstein
Grand Jury’s Refusal to Indict Supports Claims That Criminal Charges Were Retaliatory
Madison, OH – James Michalski, a Madison Township resident, has filed a federal civil rights lawsuit in the U.S. District Court for the Northern District of Ohio against Madison Township and several of its officials, alleging they violated his First Amendment rights through retaliatory criminal prosecution.
The lawsuit, filed under 42 U.S.C. § 1983, names as defendants Madison Township, Police Chief Troy Hager, Lt. Elizabeth Kirk, dispatcher John Kloski, Township Administrator Tim Brown, and trustees Thomas M. Sill, Max Anderson Jr., and Pete V. Wayman.
Background of the Case
According to the complaint, the dispute began when Michalski made public records requests regarding Law Enforcement Officers Safety Act (LEOSA) permits allegedly issued by Madison Township. Michalski sought information about whether trustee Max Anderson Jr. was properly authorized to carry a concealed weapon under federal LEOSA provisions.
The lawsuit alleges that during phone calls with township officials in July and August 2024,
Michalski used profane language while expressing frustration about the township’s handling of his records requests. Police Chief Hager allegedly left a voicemail threatening to pursue criminal charges if Michalski continued calling and “creating a disturbance” or using profane language toward township employees.
Criminal Charges Filed and Dismissed
In October 2024, criminal charges were filed against Michalski in Painesville Municipal Court, including telecommunications harassment (first-degree misdemeanor) and disrupting public services (fourth-degree felony). The case was bound over to Lake County Court of Common Pleas.
Significantly, on May 30, 2025, a Lake County Grand Jury reviewed the charges and returned a “No True Bill,” declining to indict Michalski on either charge.
Constitutional Claims
The federal lawsuit alleges that the criminal charges were filed in retaliation for Michalski’s constitutionally protected speech, including his public records requests and criticism of government officials. The complaint argues that the use of profane language in criticizing government officials is protected under the First Amendment.
“The timing, context, and ultimate lack of merit of these criminal charges demonstrate they were brought not for any legitimate law enforcement purpose, but to punish and chill constitutionally protected speech,” the complaint states.
Legal Claims and Relief Sought
The lawsuit includes three counts:
- First Amendment Retaliation against all defendants
- Municipal Liability against Madison Township
- Conspiracy to Violate Civil Rights against all defendants
Michalski seeks compensatory and punitive damages, attorney’s fees, and a declaration that his actions were protected speech under the First and Fourteenth Amendments.
Statement from Plaintiff
“No citizen should face criminal prosecution simply for asking tough questions of their government or expressing frustration with public officials,” said Michalski. “The fact that a grand jury found no merit in these charges confirms what I’ve maintained all along – this was retaliation for exercising my constitutional rights. Public accountability requires that citizens be
able to speak freely without fear of government retribution.”
Broader Implications
The case raises important questions about the boundaries between protected speech and alleged harassment, particularly in the context of citizen oversight of local government. Legal experts note that courts have generally protected even crude or offensive speech when directed at government officials in their official capacity.
The lawsuit also highlights issues surrounding public records access and government transparency, particularly regarding law enforcement credentials and permits.
Next Steps
The case is currently pending in federal court. Madison Township and the named defendants will have an opportunity to respond to the allegations through their legal counsel.
Editorial Comments by Brian Massie, A Watchman on the Wall
I say “Bravo” to Mr. Michalski, owner of Koellisch Carpet in Madison, Ohio for holding local government officials accountable for their actions regarding his free speech rights.
Categories: Community Activism, Lake County - General, Uncategorized