Akron’s police auditor is investigating property damage caused by police officers – and whether the city is properly handling residents’ claims.
Anthony Finnell, who reviews use-of-force incidents and citizen complaints, said he has reviewed several incident reports and complaints in which officers caused property damage while responding to a call. In some cases, the city initially denied to compensate residents who reported damage, he said.
Finnell said he wants to conduct an audit of property damage claims over the past three years. During its meeting Wednesday, the Citizens’ Police Oversight Board voted unanimously to approve Finnell’s request to start the audit.
“The objective of this audit is to assess the handling of property damage claims arising from police actions, evaluate whether administrative findings of policy violations were made, and ensure transparency in the review of evidence and documentation related to these incidents,” Finnell wrote in a letter to the city’s law department and police department.
During the meeting, Finnell discussed one such report in which police caused what he said was unnecessary property damage. The city initially denied liability for the damage, Finnell said.
The incident occurred on Sept. 16, 2024, in which police pursued and arrested a woman for riding a bicycle without a rear light. As the suspect tried to flee, Officer Joshua Cornell attempted to block her with his cruiser, crashing into a homeowner’s fence.
Another officer, Stephen Wilson, eventually tackled the suspect to the ground to arrest her, which Finnell wrote was an “objectively reasonable” use of force, but Finnell took issue with Cornell using his cruiser to block a cyclist, he added.
“Through the lens of constitutional policing, the stop and arrest were lawful, but Officer Cornell’s use of the cruiser to block a bicyclist was constitutionally problematic and disproportionate under the Fourth Amendment,” Finnell wrote.
The officer’s supervisor deemed the use of the cruiser “negligible,” according to the report.
The homeowner filed a complaint with the city of Akron, requesting the city pay for her fence repairs. The city denied the claim, citing an Ohio statute that it was a “performance of governmental function” and “there exists no exception to immunity for liability for injury or loss,” according to the report.
Finnell disagrees with the city’s interpretation of the statute and called for the city to compensate the owner or repair the damage, he wrote. He cited some Ohio cases in which courts found cities and government entities liable for negligent property damage.
“These cases establish that while Ohio law grants broad immunity to municipalities, the negligent operation of a police vehicle is a recognized exception,” Finnell wrote. “Courts have repeatedly confirmed that when officer conduct falls below the standard of care, cities may be held directly liable for property damage.”
Finnell sent the report to city officials on Aug. 17. The mayor’s office reviewed the case and has since agreed to compensate the homeowner, Finnell said.
This is not Finnell’s first report on an Akron police officer causing property damage. In July, Finnell released a report in which an officer broke through an uninvolved homeowner’s fence while chasing a suspect. In that incident, the officer broke the fence with his hands, Finnell wrote.
The CPOB voted 7 to 1 during its July meeting to accept the auditor’s recommendation that the city of Akron has a responsibility to compensate residents for property damage.
Finnell has requested documents from the city for his audit and has asked city officials to provide a timeline for producing the materials.
