Earlier this month, a summary judgment was issued on one of the current lawsuits filed against the City of Toledo and former Police Officer Kyle Howe. The case brought by Cynthia McSweeney will go on to trial.

Cynthia McSweeney alleged that on March 12, 2022, Howe and City of Tama Officer Anthony Rodriguez went to her home to investigate an alleged theft by her son. After McSweeney observed her son being arrested, she allegedly asked Howe, “What if I would like to press charges against -” at which point Howe allegedly cut her off, grabbed her right arm, and told her, “You’re going to jail, too.”

The lawsuit will continue to trial. Two counts of excessive force are claimed against Howe, along with four counts of battery and five counts of assault. Eight counts of respondeat superior are claimed against the City of Toledo for the assault and battery claims. Respondeat superior is a legal doctrine where in which the employer may be held responsible for an employee’s wrongdoings.

The claims against the City of Tama and the former Tama Police Officer Anthony Rodriguez were all dismissed.