View this article online: https://www.claimsjournal.com/news/midwest/2010/11/19/115034.htm
The city of Barberton, Ohio, has agreed to pay $5.25 million to settle a civil lawsuit filed by a man wrongfully imprisoned for rape and murder, its law director said.
The Akron suburb reached the settlement on Nov. 15 in U.S. District Court in Cleveland in the lawsuit brought by Clarence Elkins, city Law Director Lisa Okolish Miller said.
Elkins was convicted in 1999 of raping and murdering his mother-in-law, 58-year-old Judith Johnson of Barberton, and raping a 6-year-old relative. He was sentenced to life in prison without parole but was freed in 2005 on the basis of DNA evidence. Johnson’s neighbor, Earl Mann, pleaded guilty to the crimes in 2008.
Mann, 37, is serving a life sentence.
The city agreed to settle on behalf of police who investigated the case, Miller said.
Elkins’ attorney, Russell Ainsworth, said the settlement will be shared by Elkins, his former wife and two sons.
“Once again, justice is served a little late, but better late than never,” Ainsworth told the Akron Beacon Journal.
Elkins could not be reached for comment. His son Brandon told The (Canton) Repository that resolving the lawsuit had been “an emotional roller coaster.”
“But it’s over and we can start fresh and start to move forward and go on with our lives,” said Brandon Elkins, 25.
Clarence Elkins reached a settlement with the state of Ohio for more than $1 million in 2006. He sued Summit County and Barberton police the same year.
A federal judge dismissed the county as a defendant but allowed the claims against Barberton police to proceed.
The lawsuit accused police of violating Elkins’ rights by failing to disclose evidence to prosecutors.