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YOUNGSTOWN -- A 64-year-old campaign volunteer, who reported being assaulted April 27 at Mahoning County GOP headquarters in Boardman, has filed a civil lawsuit in U.S. Northern Ohio District Court charging the county Republican Party-- led by Thomas P. McCabe and Robert Aurandt -- plus a Columbiana County GOP official, with violating his right to free speech.
David Kissinger of 7601 Scotts Mill Road, Rogers, and his wife Cheryl, filed the complaint this week, which was submitted by Sarah Kovoor, a Republican who ran in Tuesday's primary for a seat on the 11th District Court of Appeals. In addition to the 1st Amendment violation claim, the suit charges battery, assault, negligence, defamation, false light and causing suffering to Kissinger and his wife.
The legal action seeks damages of $25,000 and asks for a jury trial. The federal court docket shows the case has been assigned to Judge Charles Esque Fleming and Magistrate Jonathan D. Greenberg, but no hearings have been set.
According to a news release announcing the lawsuit by Kovoor, Kissinger was invited to GOP headquarters, 8381 Market St., to drop off signs for GOP gubernatorial candidate Joe Blystone and senate candidate Mark Pukita. Kissinger also possessed a sign expressing "distaste for candidates who he believed had compromised the values of the Republican Party."
The lawsuit claimed Kissinger was assaulted by two men, one of whom was identified as Aurandt, a member of the Mahoning County Board of Elections.
The report states Kissinger suffered a cut to his hand, a cranial contusion and other acute symptoms that are continuing. This was witnessed by his wife. The news release stated the Boardman police responded to the scene, while Lane Ambulance provided emergency care to Kissinger, who subsequently was treated at St. Elizabeth Boardman Hospital.
Also named as defendants are David W. Johnson, chairman of the Columbiana County GOP as well as three unnamed GOP representatives.
Attempts to contact both Johnson and McCabe for comment were unsuccessful Tuesday.
The lawsuit claims the sign carried by Kissinger was in opposition to the policies of state senate candidate J.D, Vance, which "aroused the ire of many present on the scene." The legal action claimed Aurandt led the physical assault on Kissinger by first trying to wrest the sign he was carrying from his hand. He then threw Kissinger to the ground, the lawsuit alleges.
A picture of the sign is included in the complaint. It states: "Vance is a Fraud. Trump is Selling Us Out!"
According to the lawsuit, the offending sign was "purely protected political speech."
The complaint alleges that McCabe, as chairman of the county party, had a duty to train his people on how to handle potential conflicts and de-escalation techniques. It charges McCabe with negligence.
Johnson is accused of publishing a letter to the editor to a Columbiana County newspaper and a social media post containing false, offensive and derogatory statements against the Kissingers.
The news release by Kovoor states: "What is evident by the actions … is that the Grand Old Party has been hijacked by self-proclaimed "outsiders" who seek nothing more than to use strong-arm tactics to place their chosen candidates in office."
Kovoor said she feels an ethical and moral obligation to pursue redress for the Kissingers and hold the Mahoning County GOP accountable for the events of April 27.