Reporter who was arrested in EP files lawsuit

YOUNGSTOWN — A reporter who was arrested Feb. 8 while covering the East Palestine train derailment has filed a lawsuit in the U.S. Northern District Court of Ohio claiming his constitutional rights were violated. Evan Lambert, 34, Washington, D.C., filed the lawsuit Tuesday, naming Columbiana County, East Palestine, Columbiana County Sheriff Brian McLaughlin, Ohio National Guard Assistant Adjutant General John C. Harris Jr. Columbiana County Chief Deputy Jennifer Tucker, East Palestine Police Chief James Brown III and East Palestine Police Department Detective Daniel Haueter as defendants. The lawsuit outlines 10 counts — violation of the First Amendment, violation of the Fourth Amendment, retaliation and interference with news gathering in violation of the First Amendment, false arrest and excessive force in violation of the Fourth Amendment, false arrest, battery, malicious prosecution and unlawful deprivation of free speech and freedom of the press in violation of Article I of the Ohio Constitution. According to a copy of the complaint, Lambert was "arrested, assaulted and charged with offenses he did not commit" while covering a news conference held by Ohio Gov. Mike DeWine. The complaint also states that Lambert "spent approximately five hours in detention" and "had abrasions and bruises on his wrists from his handcuffing and scratches on his neck from the officers' use of force" after his release. Lambert was charged with criminal trespass and resisting arrest following a disruption during DeWine's press conference held in the East Palestine High School gymnasium days after the derailment. An affidavit filed by Haueter, who was the arresting officer, stated that Lambert was reporting live from the rear of the gym while the press conference was going on at the front of the gym. Haueter said in the affidavit that Lambert's live reporting was loud, and Harris advised him to stop his live reporting and "an argument then ensued between the general and the defendant, which was disrupting the press conference." Haueter, McLaughlin and Tucker then asked Lambert to leave. He refused and was advised he was being arrested and would be escorted from the gym. A press release later issued by Brown said that after he was told he was under arrest, Lambert allegedly "attempted to pull away, and was then placed under arrest for criminal trespassing at which time he resisted arrest." After a struggle, Lambert was taken to the ground by Haueter and Tucker and was transported to the county jail by the county sheriff's office. Video of the event was circulated over social media and by news agencies who captured the encounter. Lambert was later released after posting a $750 bond and an arraignment was initially set Feb. 23 in Columbiana County Municipal Court. The case was later forwarded to Ohio Attorney General Dave Yost and the charges eventually dismissed. Calls to the village of East Palestine were not returned.