Norton police officer put on leave in 2022 gets six-figure payout in lawsuit settlement

A lawsuit filed by a Norton police officer against the city was settled last month for a six-figure sum after the parties in the lawsuit appeared before a federal magistrate in Youngstown.

Norton Police officer Jason Sams sued the city's former administrator Robert Fowler, Mayor Mike Zita and other city officials after he and another officer were suspended in February 2022.

More: A hidden camera, a private eye and 2 suspended police officers: What happened in Norton?

Sams' suspension came after a report concluded he had violated city policy during off-duty comments made about city officials to a private investigator.

Sams won a grievance against the city on Oct. 3 of that year when an arbitrator concluded the suspension was unjustified.

In the grievance decision, arbitrator Robert M. Lustig wrote that Sams' speech was protected under the First Amendment to the Constitution.

"Even if [Sams] violated one or more of the policies, if the speech upon which the discipline is based is protected speech, discipline may not be imposed," Lustig wrote.

More: Suspended Norton officer wins grievance against city on First Amendment grounds

Lawsuit filed after arbitrator's decision

Sams filed his lawsuit in the U.S. District Court for the Northern District of Ohio in June 2023. The lawsuit was settled Feb. 1 before a federal magistrate.

Ohio Patrolmen's Benevolent Association attorney Danielle Chaffin said Sams filed his lawsuit because the city would not apologize for its actions.

"If the city would have recognized the wrongdoing and apologized prior to the suit being filed, he would have chosen not to file a lawsuit and would have been OK not receiving a dime," Chaffin said in a phone interview Thursday.

City officials contacted by email did not immediately respond to requests for comment.

Former Norton Police Chief John Dalessandro said Tuesday he recused himself while the matter was investigated by Norton.

"The reason that was such a big deal was because he made such disparaging remarks about Norton city officials and Barberton city officials," Dalessandro said. "That created issues (between the cities)."

Dalessandro, who retired in November after nine years as chief of the Norton Police Department, said the lawsuit "had nothing to do with his comments regarding (me)."

Sams, who was suspended after more than two decades on the force, was a part-time officer at the time. He has since become a full-time officer. He currently serves as president of the Norton police union.

'We made an exception to handle this case'

Chaffin said the OPBA, which negotiates contracts for its members, doesn't usually pursue such lawsuits.

"Our taking this case on his behalf was not something we normally do," she said. "We made an exception to handle this case on his behalf."

Chaffin said Sams has reached out to the OPBA about how to use proceeds from the settlement to help officers "unfairly targeted or mistreated by their department."

Leave a message for Alan Ashworth at 330-996-3859 or email him at aashworth@gannett.com. Follow him on Twitter at @newsalanbeaconj.

This article originally appeared on Akron Beacon Journal: Norton officer settles in lawsuit with city after 2022 suspension