City settles Garn civil suit for $25,000

MANSFIELD — The civil suit against suspended Mansfield police Officer Michael Garn by a Mansfield couple has been settled with the city agreeing to pay the couple $25,000, according to Mansfield Law Director John Spon.

"They (the couple) had wanted over $900,000 and it would have cost more for the city to go to trial although we were certainly confident we would prevail," Spon said Wednesday.

The lawsuit was filed in the U.S. District Court's Northern District of Ohio in Cleveland by Ashley and Shane Mathews of Mansfield last year. The settlement was filed Monday.

Ashley Mathews alleged she was forced to perform sexual acts on Garn while he was on duty. The lawsuit also claims Garn transmitted hundreds of text messages to her, that he belittled and berated Shane Mathews, and that he threatened her with arrest.

According to the lawsuit, Garn placed Ashley Mathews into custody on May 2, 2014, while at a Richland County store without adequate investigation. After she was released, the lawsuit claims, Garn, while both on and off duty, using the Ohio Law Enforcement Gateway, "continuously without consent, invaded into the private lives of both Ashley and Shane."

Garn's criminal case is scheduled for April 4 in Richland County Common Pleas Court. Garn, who has been with the local police department since 2008, remains on unpaid administrative leave.

Garn, 41, was indicted last February on 40 criminal charges, including 25 felonies. Garn is charged with 17 counts of misuse of a computer, 14 counts of dereliction of duty, burglary, trespass into a habitation, attempted gross sexual imposition, attempted sexual battery, two counts of tampering with evidence, sexual battery and public indecency.

The initial criminal complaint dealt with a conversation that implied evidence could be destroyed in exchange for a sexual favor.

In the civil suit, Ashley Mathews was seeking damages and other relief under the Federal Civil Rights Act and state law against Garn as well as the city of Mansfield. . Shane Mathews was seeking damages under state law for intentional or negligent infliction of emotional distress.

The couple is represented by Mansfield attorney Byron Corley. Corley could not immediately be reached for comment.

lwhitmir@nncogannett.com

419-521-7223

Twitter: @LWhitmir