News Release: Judge Grants Directed Verdict on False Arrest Claim
- Deputy Jamie Burton
- Apr 1
- 2 min read
04/01/26
Sheriff Leon Lott announces that the Richland County Court of Common Pleas has dismissed a false arrest claim brought against the Richland County Sheriff’s Department, affirming the lawfulness of the Department’s actions in connection with a 2019 incident.
Joseph Cantwell, through his attorneys, The Shealey Law Firm, brought a lawsuit against the Richland County Sheriff’s Department alleging false arrest, malicious prosecution, assault and battery, defamation, negligence and negligent hiring, training, and supervision. On the morning of trial, Mr. Cantwell abandoned all claims except for false arrest. Mr. Cantwell alleged that deputies intentionally and unlawfully arrested him and sought damages of up to $300,000. The Court concluded that based on the evidence, no reasonable jury could conclude that Mr. Cantwell was arrested without probable cause. In other words, there was insufficient evidence for a jury to conclude that Mr. Cantwell was falsely arrested.
The Court found that deputies responded to a reported altercation and made an arrest based on the information available at the scene. The court’s dismissal underscores the authority of officers to make arrest decisions in real-time situations and reflects judicial recognition of the challenges officers face when responding to rapidly evolving incidents.
The Richland County Sheriff’s Department was represented by Robert Garfield and Steve Spreeuwers of Garfield Spreeuwers Law Group who stated: “We are obviously pleased with this outcome. We appreciate the time and attention given to this case by all involved. We certainly agree with the Court’s decision that Sgt. Kenneth Fitzsimmons acted appropriately under the law. We commend Sgt. Fitzsimmons for his professionalism and integrity during the underlying arrest and throughout this lengthy case.”
A few days prior to trial, Mr. Cantwell’s attorneys The Shealey Law firm posted the following on their firm’s social media account: “All I do is drink wine and f*ck with cops, and I’m almost out of wine.” – Luke Shealey
“After five years of litigation, this case has finally been resolved, and it proves what we’ve said from the beginning, our deputies did nothing wrong,” said Sheriff Lott.
“I’m not going to sit back and let people like the Shealey Law Firm attack and try to defame the men and women of this department. If you come after my deputies when they’ve acted within the law, we’re going to stand up and fight back. I will always hold my people accountable”, Sheriff Lott continued, “but I will just as strongly defend them when they are right. We’re not backing down from that—ever.”
The ruling brings closure to the false arrest allegations and reinforces confidence in the professionalism and judgment exercised by the Richland County Sheriff’s Department.
