James A Burk, Jr., et al vs. City of Columbus, et al
Case Background
On December 4, 2020, Plaintiff James A. Burk, Jr. filed a police brutality and civil rights lawsuit in the United States District Court, Ohio Southern (Case number: 2:20cv6256). This case was assigned to Judge James L. Graham and referred to Magistrate Judge Chelsey M. Vascura. Burk alleged that Columbus Police Officers Joseph Fihe and Kevin Winchell used excessive force against him, including tasing and unlawfully detaining him, despite his identification as a federal agent.
Cause
On July 7, 2020, ATF Special Agent James A. Burk, Jr. arrived at a residence in Dublin, Ohio, to retrieve an unlawfully possessed firearm. This was part of a routine National Instant Criminal Background Check System (NICS) retrieval. Burk identified himself, displayed his badge, and provided his credentials. Despite this, the occupant refused to open the door and called 911. The dispatcher informed responding Columbus Police Officers Joseph Fihe and Kevin Winchell that Burk was a federal agent.
Upon arrival, Officer Fihe immediately drew his firearm and ordered Burk to the ground. Burk had his hands raised and complied, yet the officer continued to treat him as a threat. Officer Winchell arrived soon after and also drew his weapon. Burk repeatedly stated that he was a federal agent and that his credentials were in his pocket. Instead of verifying his identity, the officers physically restrained him. They drove a knee into his back and twisted his arms to handcuff him. Burk, who had a medical condition, repeatedly told them about his credentials and his difficulty breathing.
Despite his compliance, Officer Fihe tased Burk multiple times while he lay on the ground. The officers then forced him into a police cruiser and ignored his pleas for medical help. He remained detained for about an hour before higher-ranking officers reviewed his credentials and released him without charges. Body camera footage captured the entire incident. The footage later circulated within the Columbus Police Department.
Injuries
Columbus police officers used excessive force, causing Burk significant physical injuries. He suffered back pain, bruising, and abrasions from being forcibly restrained on the concrete. The repeated taser shocks resulted in severe nerve pain and muscle spasms. The officers’ forceful handling of his arms and shoulders led to ongoing joint pain and restricted mobility.
Beyond physical harm, Burk endured severe emotional and psychological trauma. He suffered from anxiety, nightmares, and distress due to the police brutality he experienced. The unlawful detention and assault humiliated him, affecting both his personal well-being and professional standing.
Damages
Burk incurred extensive damages in police brutality lawsuit. He required medical treatment for his physical injuries and therapy for emotional distress. The excessive force used against him affected his ability to continue fieldwork as an ATF Special Agent. As a result, he was reassigned to an administrative role, which significantly impacted his career and future earnings.
His reputation also suffered. The body camera footage circulated widely within the department, shared for the purpose of ridicule. The emotional strain extended to his wife, Summer Hilfers, who was pregnant at the time. The incident caused her additional distress.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): James A Burk, Jr. | Summer Hilfers
- Counsel for Plaintiff: Rex H. Elliott | Abigail F. Chin | Barton Ryan Keyes | Spencer Caroline Meador
- Defendant(s): City of Columbus | Joseph Fihe | Kevin Winchell
- Counsel for Defendants: Alexandra Nicole Pickerill | Allison Jennifer Lippman | Sarah Feldkamp | Sheena DeAnn Rosenberg
Key Arguments or Remarks by Counsel
“There were certainly opportunities where I think this could have been avoided,” Abby Chin, an attorney for Cooper Elliot which represented Burk, said. “This could have been avoided had people slowed down a bit, had questions been asked before a situation gets escalated to the point that guns are being pointed.”
“This has been an extraordinary struggle for Mr. Burk, he was a well-respected ATF agent, at the time this happened he had been an ATF agent for 20 years and this was life-changing for him,” Chin said.
Claims
Burk sued the City of Columbus, Officer Joseph Fihe, and Officer Kevin Winchell under 42 U.S.C. § 1983, alleging multiple civil rights violations. His claims included:
Excessive Force –
The officers used unnecessary and excessive force, violating Burk’s Fourth Amendment rights. He posed no threat and did not resist arrest.
False Arrest and Unlawful Detention –
The officers unlawfully detained Burk for over an hour without probable cause or charges.
Failure to Train and Supervise –
The City of Columbus failed to implement proper policies, allowing excessive force and police brutality to persist.
Intentional Infliction of Emotional Distress –
The officers’ actions were extreme and outrageous, causing Burk severe emotional trauma.
Loss of Consortium –
Burk’s wife suffered emotional distress and loss of companionship due to the harm inflicted on him.
Defense
The defense argued that Officers Joseph Fihe and Kevin Winchell acted within the scope of their duties. They claimed they followed standard procedures when responding to the 911 call. They denied using excessive force and insisted their actions were justified.
The officers contended they did not know Burk was a federal agent. They claimed they acted based on the information available at the time. They further argued that Burk failed to comply with commands, making their use of force necessary. The City of Columbus denied liability. It asserted that its officers acted lawfully and were protected by qualified immunity.
Additionally, the defense argued that Burk failed to mitigate his damages. They claimed his lawsuit lacked merit under legal doctrines such as estoppel and waiver. They requested dismissal of the case, along with reimbursement for legal fees and other relief.
Settlement
On February 11, 2025, after prolonged litigation, the Columbus City Council approved a $1.8 million settlement to resolve the lawsuit filed by ATF Special Agent James A. Burk, Jr. The settlement aimed to compensate Burk for the physical injuries, emotional trauma, and career setbacks caused by the police brutality and excessive force used against him.
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
Press Release:
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