Ohio City to Pay $5.25M to Settle Wrongly Convicted Man’s Lawsuit

November 19, 2010

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.

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Latest Comments

  • June 21, 2020 at 2:58 pm
    Stuart Ferris says:
    The justice system did not do Mr. Elkins any justice whatsoever.
  • July 29, 2014 at 6:32 pm
    stephan says:
    What a silly man you are. Hope it happens to you
  • June 4, 2014 at 11:55 pm
    darlene pagano says:
    It's very scary to think our "Justice System" can do this to an innocent man with all the new technology available today. It goes to show they don't really care about anyone'... read more

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