PERRYSBURG, OH (Toledo News Now) - A Perrysburg man is suing the City and Township of Perrysburgafter serving more than a year behind bars for a crime he didn't commit.
Shavell Johnson spent 540 days behind bars in Wood County after hewas convicted with 18 counts of violating a protective order, filed against himby his child's mother.
Now the courts of appeal have vacated the judgment and Johnson's lawyer Jerry Purcel says his client wants to make sure this doesn't happen to anyone else.
"If you're going to deny someone's freedom it should be anabsolute that you broke the law and in this particular case no law was broken,"said Purcel.
Johnson claimed he was never served with a copy of the protectiveorder. According to the court appeals the state failed to present evidence hewas served and there was insufficient evidence to prove the offenses charged.
His lawyer says this should have never happened and that's thereason for the lawsuit.
"You only live once and so to lose one day of life, which Iconsider to be very precious, is very bad but to lose an excess of a year andalmost two years is incredible," said Purcel. "I can't imagine whatthat would feel like."
The lawsuit was filed against the City of Perrysburg, PerrysburgTownship, a patrolman with the township police department and the cityprosecutor.
Johnson's attorney claims the departments failed to train andsupervise their prosecutor and patrolman. He also says they failed to haveadequate policies and procedures.