LISBON — A federal judge recently approved an $80,000 settlement against Columbiana County and the village of East Palestine to end the lawsuit filed by NewsNation journalist Evan Lambert over his arrest last year.

United States District Judge Benita Pearson of the United States District Court for the Northern District of Ohio signed the one-page entry on Feb. 7 for the amount listed, along with reasonable attorney fees as agreed upon by the parties. According to a story on the Reporters Committee for Freedom of the Press website, the attorney fees totaled $32,000.

Claims against county Sheriff Brian McLaughlin, sheriff’s office Chief Deputy Jen Tucker, East Palestine Police Chief James Brown III and East Palestine Police Detective Dan Haueter were dismissed with prejudice, meaning they can’t be refiled. The claims against Major General John C. Harris Jr., Adjutant General of the Ohio National Guard were voluntarily dismissed.

Lambert filed the lawsuit on Nov. 13 against the county, the village, the general and the four law enforcement officers claiming his civil rights were violated during the arrest incident Feb. 9, 2023 in the East Palestine elementary school gym. Lambert had been there to cover a press conference with Gov. Mike DeWine regarding the East Palestine train derailment and fire.

When asked Wednesday about the settlement and where the money will come from, county Commissioner Mike Halleck said he wasn’t involved.

“I can tell you where it’s not coming from, it’s not coming from the general fund,” Halleck said.

He indicated it’s likely coming from the county’s liability insurer known as CORSA, the County Risk Sharing Authority and was probably a deal worked out between the insurance companies and the attorneys. The commissioners were not consulted.

Gregory Beck, an attorney for Baker Dublikar of North Canton, who was representing the village of East Palestine and its officers, confirmed by phone on Wednesday that the cost will be split between the two entities and paid by the insurers. The village of East Palestine is covered by the Public Entities Pool of Ohio.

The settlement came about as the result of an offer of judgment for $80,000 against East Palestine and the county that was presented Nov. 21 to Lambert’s attorneys from the Reporters Committee For Freedom of the Press and the First Amendment Clinic at the Case Western Reserve University School of Law. The offer stipulated that judgment only be entered against the county and the village, not the individuals.

“This offer of judgment is not an admission of any liability by any Columbiana County and East Palestine defendant identified herein, and liability is expressly denied. This offer should not be construed as an admission that plaintiff Evan Lambert is entitled to any damages. Rather, this offer is made in the spirit of Fed. R. Civ. P. 68 and the policy considerations behind the federal rule,” the offer document said.

Rule 68 allows for a defendant to make an offer to settle a case, giving the plaintiff so many days to decide whether to accept.

In this case, Lambert’s legal counsel filed a written notice to accept the offer on Dec. 1, stipulating to the dismissal of claims against the law enforcement officers.

A message was left for an attorney representing the county, but a call was not returned.

Lambert had been reporting live at the back of the gym when the governor started the press conference. He had been asked by Ohio State Highway Patrol troopers to stop since the press conference had begun, then the general became involved in the encounter and the law enforcement official responded to the disturbance after seeing what was happening.

Lambert had been charged with criminal trespass and resisting arrest after police accused him of refusing to leave after being asked and he was taken to the ground after officers claimed he pulled away from them while being escorted out.

The charges in Columbiana County Municipal Court were dismissed after the case was turned over to Ohio Attorney General Dave Yost’s office. In a press release, Yost said, “My office has reviewed the relevant video and documentary evidence, and is dismissing the charges against Evan Lambert as unsupported by sufficient evidence.”

While the governor was taking questions at the press conference, he was asked about the incident and commented he didn’t know what happened but also said a reporter should be able to report live and said “they have every right to do that.”

He added “if someone was stopped from doing that, that was wrong.”

mgreier@mojonews.com