Another former inmate, Larry Tawney Jr., also claiming abuse, filed his own federal lawsuit and filed an appeal after the district court dismissed the case in August. McClafferty filed his lawsuit in the district court in September 2019. The appeals court sent the matter back to the district court for “further proceedings” on the matter. The appeals court vacated the district’s court order that McClafferty pay legal costs to the county and other defendants due to the district court making an insufficient case that McClafferty’s claims were without merit and if they were without merit, that he knew they were meritless. “Having concluded that the district court did not err in dismissing McClafferty’s complaint with prejudice for misrepresenting his pauper status, we need not address McClafferty’s argument that the district court erred in dismissing his complaint with prejudice for bad-faith misconduct,” states the opinion. The appeals court opted not to address McClafferty’s claim that the district court erred in dismissing his case due to alleged misconduct on McClafferty’s part. The opinion also states he had received funds from relatives. However, according to the opinion, the defense noted that according to a filing in a court case, McClafferty transferred $655,000 in Bitcoin to an asset manager in September 2017 and that the Bitcoin investment was liquidated a year later and more than $1.26 million in proceeds was deposited for McClafferty’s benefit in an escrow account in the U.S. More: Brett McClafferty gets 2 years prison for check fraud The opinion states that the district court was justified in dismissing the case due to McClafferty omitting financial information on a form claiming “pauper status” and therefore that he should be exempt from costs related to the case, such as filing fees.Īccording to the opinion, McClafferty stated on the form that a roofing company owed him $14,000, but he had not otherwise earned any income during the previous year - he was serving a prison sentence at the time - and had no assets or expenses. 3, the appeals court affirmed the dismissal. According to a 13-page opinion, filed Dec. Sixth District Court for the Northern District of Ohio dismissed McClafferty’s case this past March. More: Appeal filed after dismissal of court case alleging abuse in Portage County Jail Court of Appeals for the 6th Circuit for vacating the ridiculous award of attorney fees, and making it abundantly clear that there is absolutely no finding that my claims are, or have ever been, meritless.”Īn attorney representing the county did not return a phone call seeking comment. Virgin Islands and am eager to move on from a very dark period of time in my life for which I was severely mistreated by Portage County. “With that being said, I am living a very prosperous life in the U.S. ![]() McClafferty in an email to the Record-Courier. “My attorney and I will continue to litigate this issue to the extent that it requires litigation, and if a future appeal is necessary we will not hesitate to file it,” said Brett M. ![]() A former Streetsboro man said he may continue with legal action after his appeal of the dismissal of a federal lawsuit alleging that he was abused while incarcerated in Portage County Jail ended in early December, but he is also looking forward to moving on.
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