Kevin Keith Lawsuit dismissed by United States District Court for the Northern District of Ohio
Bucyrus, Ohio, October 7, 2018: On September 28, 2017, the Hon. Solomon Oliver, Jr., United States District Court Judge for the Northern District of Ohio, issued an order dismissing all claims against the City of Bucyrus and its officers and agents in Keith v. Yezzo, et al, Case No. 1:18-cv-00047.
Keith, following years of post-conviction litigation attacking his conviction, resorted to filing a civil rights complaint under 42 U.S.C. § 1983, alleging that the City of Bucyrus and various law enforcement officers at the State and local levels had violated Keith’s civil rights in the investigation, prosecution and conviction of Keith for murder in May 1994. Judge Oliver, in a 14 page opinion, thoroughly reviewed Keith’s civil rights claims and found that Keith had “failed to state a claim for which relief could be granted.” The Court reasoned that a civil rights action under § 1983 was not the appropriate procedural vehicle to raise challenges to an underlying conviction. The Court went on to note that Keith’s alleged claims of constitutional violations by the City and State occurring after his conviction were contrary to the “legal and factual assertions made in Keith’s complaints” and that the civil rights claims were merely a “disguise for what is, at essence” a failure to disclose evidence claim which is prohibited under § 1983. If he chose to do so, Keith may appeal this ruling to the United States Court of Appeals for the Sixth Circuit in Cincinnati, Ohio.
While the City of Bucyrus agrees wholeheartedly with Judge Oliver’s holdings and welcomes this result, it should be noted that more than two decades after these murders, the families of Kevin Keith’s victims have once again been forced to relive the pain and terror caused by Keith’s actions. Our sympathies go to those families
Contact: Rob Ratliff
City of Bucyrus
Phone 419.562-6767 x237