JOHN PETSCHE v. JERRY N. HRUBY; DAVID J. MATTY; GERALD F. BROSKI; LOUIS N. CAROUSE, JR.; LAURA REDINGER; KIMBERLY VERAS; CITY OF BRECKSVILLE, OHIO - Articles

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Posted by: Azya Thornton on Apr 3, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Zoran Balac, THE PATTAKOS LAW FIRM LLC, Fairlawn, Ohio, for Appellant.

Attorneys 2: ARGUED: Frank H. Scialdone, MAZANEC, RASKIN & RYDER CO., L.P.A., Cleveland, Ohio, for Appellees.

Attorneys 3: ON BRIEF: Zoran Balac, Peter Pattakos, THE PATTAKOS LAW FIRM LLC, Fairlawn, Ohio, for Appellant.

Attorneys 4: ON BRIEF: Frank H. Scialdone, John T. McLandrich, Edmond Z. Jaber, MAZANEC, RASKIN & RYDER CO., L.P.A., Cleveland, Ohio, for Appellees.

Judge(s): GILMAN, KETHLEDGE, and HERMANDORFER, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Cleveland

RONALD LEE GILMAN, Circuit Judge. John Petsche, a former member of the Brecksville, Ohio City Council (the City Council), filed this 42 U.S.C. § 1983 civil rights action after being prosecuted for participating in votes to build a new police station in which he had a financial interest as the roofing subcontractor. Such conduct is an offense under Ohio law. Although Petsche was indicted by a grand jury, he was ultimately acquitted after a bench trial. Petsche alleged that Brecksville Mayor Jerry N. Hruby and Law Director David J. Matty, in collusion with Brecksville City Councilmembers Gerald F. Broski, Louis N. Carouse, Jr., Laura Redinger, and Kimberly Veras (collectively, the individual defendants), submitted false statements and omitted material information in their communications to the Ohio Ethics Commission, all in retaliation for Petsche’s criticism of how the City Council had recently handled the payment of an unrelated debt. Petsche alleged that Mayor Hruby’s and Law Director Matty’s communications set in motion an investigation by the Ohio Ethics Commission and the Commission’s eventual referral of the matter to the Cuyahoga County Prosecutor’s Office, all of which resulted in Petsche being indicted by a grand jury. He also brought municipal-liability claims against the City of Brecksville (the City), alleging that the actions taken by Mayor Hruby, Law Director Matty, and the named city councilmembers constituted an official policy of retaliation and an official policy of malicious prosecution. The individual defendants and the City moved for summary judgment, which the district court granted on all claims. For the reasons set forth below, we AFFIRM the judgment of the district court.

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