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Lawsuit against Fostoria dismissed before beginning

By Melissa Topey, mtopey@advertiser-tribune.com
POSTED: August 3, 2008

The lawsuit against Fostoria from a former police officer has been resolved the day before it was scheduled for trial.

Nicholas Portentoso, a former Sergeant and SWAT officer, through his attorney Charles Hall, signed a dismissal of the lawsuit Friday. It was scheduled for a two-day trial to start Monday.

The case was settled one day after Fostoria city council members authorized the city law director, Tim Hoover, to negotiate with Hall.

Hall and Portentoso declined to comment for the story. Hoover could not be reached.

Portentoso filed the lawsuit November 2007 in Seneca County Common Pleas court against Fostoria.

He was asking for $24,831 and interest on that money starting from 2003 when he resigned from the department.

The lawsuit alleged he had 989.29 hours of sick leave when he resigned and because of the city's agreement with the Ohio Patrolmen's Benevolent Association he should have been paid that sick leave.

Portentoso was employed with the city from Jan. 1983 to April 2003 when he resigned amid an investigation before pleading guilty in 2005 to attempted aggravated assault, a fifth-degree felony, and menacing by stalking, a fourth-degree felony.

 
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