Lawsuit filed against ex-Hamilton County deputy seen on video kicking inmate

Published: Jun. 8, 2021 at 5:55 PM EDT
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WARNING: Some viewers may find the video disturbing.

CINCINNATI (WXIX) - The man seen on jail surveillance video being kicked in the head by a Hamilton County deputy last year is suing him and the sheriff’s office.

Nick Ballachino says what happened on June 9, 2020, has changed his life.

Hamilton County Prosecutor Joe Deters said Ballachino was arrested for disorderly conduct while intoxicated and obstructing official business and taken to the Hamilton County Justice Center.

When deputies and Ballachino arrived, he became combative with the officers trying to process him, Deters said. While the officers were trying to subdue him, Ballachino bit Sgt. Jesse Franklin’s left foot, according to Deters.

Deters said the video from the Justice Center shows Franklin immediately kicking Ballachino one time in the head.

Ballachino says he suffered a traumatic brain injury, forever altering his way of life.

“Recently, I got a letter from my doctor, and he stated that I could go back to work, but I’m not allowed to go up any ladders, drive any heavy machinery,” Ballachino said. “Anything I’ve done for the last 32 years I’m not allowed to do.”

Ballachino’s lawsuit claims his civil rights were violated when an investigation proved Franklin used excessive force.

Fanon Rucker, Ballachino’s attorney, said the lawsuit is more than about getting damages.

“He still has pain and injuries, he consistently received treatment,” Rucker said. “We filed this lawsuit to recover his damages that he received, but also to ensure there’s accountability. And hopefully to ensure this doesn’t happen to anyone else again.”

FOX19 NOW reached out to Franklin’s attorney for comment and was told he was out of the office until next week.

Franklin, who has since been fired, faces one count of assault.

He is due in court on June 28.

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