A civil lawsuit filed by a Lake Township man against the township police chief and Wood County prosecutor has been postponed by court order.
The Wood County Common Pleas Court issued the order May 8 to stop the case so another case involving the man, Dan Prewitt, Pemberville Road, can proceed.
Prewitt is a defendant in a case filed by Jessy Zielinski, of Adrian, Mich., in which she contends Prewitt is a vexatious litigator. Zielinski and Prewitt’s son, Andrew, have been involved for years in a custody dispute.
The Ohio Revised Code defines vexatious conduct as that which “obviously serves merely to harass or maliciously injure another party to the civil action and the conduct is not warranted under existing law and cannot be supported by a good faith argument for an extension, modification, or reversal of existing law.”
Zielinski filed the suit in the juvenile court division but it was transferred in March to the general division of the common pleas court.
In separate orders, the court also issued stops to proceedings in six other related cases to facilitate the resolution of the Zielinski lawsuit.
A bench trial is scheduled for Dec. 15.
Prewitt earlier this month filed a lawsuit in common pleas court against Police Chief Mark Hummer and Paul Dobson, county prosecutor.
He alleges the chief on Jan. 13 illegally removed Prewitt’s granddaughter from his home.
According to the complaint, Prewitt on Jan. 10 picked up his granddaughter, 12, from school with the permission of her father, Andrew, because, the girl claimed she’d been threatened with a gun by a man staying with her aunt in Sylvania Township.
The girl, Prewitt contends, didn’t want to return to her aunt’s home. She was charged with being unruly and taken to the county’s juvenile detention, according to police reports.
Prewitt’s lawsuit says he immediately contacted the police when he arrived home from the school with the girl and asserts he is entitled to an “affirmative defense” shield from interfering in a custody matter.
Chief Hummer said police were following a court order when they went to Prewitt’s residence.
Prewitt is representing himself in his lawsuit against the chief and prosecutor.