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City of Cleveland v. Swiecicki

775 N.E.2d 899 (2002)

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City of Cleveland v. Swiecicki

Ohio Court of Appeals
775 N.E.2d 899 (2002)

Facts

While attending a Cleveland Indians (club) baseball game, Jeffrey Swiecicki (defendant) repeatedly heckled Russell Branyan, a player for the club. In the seventh inning, Swiecicki yelled, “Russell Branyan, you suck. You have a big ass.” Jose Delgado, an off-duty police officer for the City of Cleveland (city) (plaintiff), was working as a security guard at the game. Delgado asked Swiecicki to stop heckling Branyan, but Swiecicki instead argued with Delgado. Delgado eventually tried to escort Swiecicki from the stadium, but Swiecicki escaped Delgado’s grasp, at which point Delgado arrested Swiecicki for disorderly conduct and resisting arrest. At trial, Delgado testified that Swiecicki carried multiple beers to Swiecicki’s seat during the game and that Swiecicki was holding a beer while heckling Branyan in the seventh inning. Swiecicki admitted heckling Branyan but denied being drunk. Swiecicki’s friends, who attended the game with Swiecicki, testified that they were not disturbed by the heckling. The trial court found Swiecicki not guilty of aggravated disorderly conduct but guilty of disorderly conduct and resisting arrest. Swiecicki appealed, arguing that the evidence did not support his convictions.

Rule of Law

Issue

Holding and Reasoning (O’Donnell, J.)

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