Lucas County Settles Excessive Force Lawsuit for $94,000

Settlement reached with Toledo man who was kicked by former deputy at Franklin Park Mall in 2023

Jan. 28, 2026 at 10:23am

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Lucas County has agreed to pay $94,000 to settle a federal lawsuit stemming from an incident in 2023 where a former sheriff's deputy used excessive force against a teenage suspect at Franklin Park Mall in Toledo. The lawsuit alleged the deputy kicked the suspect after he had already been subdued with a Taser.

Why it matters

This settlement highlights ongoing concerns about police use of force and accountability, especially involving incidents with young suspects. It also raises questions about the training and oversight of law enforcement officers by county authorities.

The details

In August 2023, deputy David Terry and another officer chased 17-year-old Anthony Wilder outside Franklin Park Mall after observing him carrying a gun. Wilder dropped the gun when instructed but continued fleeing on foot. Video showed Terry stepping on Wilder's hands and then kicking him after he had been shocked with a Taser. Wilder was hospitalized and later convicted on two felony charges, serving two six-month terms. Terry was fired for violating the department's use-of-force policy and later pleaded no contest to negligent assault charges, receiving a suspended jail sentence and probation.

  • The incident occurred in August 2023 at Franklin Park Mall in Toledo.
  • The lawsuit was filed in the U.S. District Court for the Northern District of Ohio.
  • The settlement was unanimously approved by Lucas County commissioners on January 28, 2026.

The players

Anthony Wilder

A 20-year-old Toledo resident who was the teenage suspect involved in the 2023 incident at Franklin Park Mall.

David Terry

A former Lucas County sheriff's deputy who was fired for violating the department's use-of-force policy after the 2023 incident and later pleaded no contest to negligent assault charges.

Lucas County Commissioners

The county governing body that unanimously approved the $94,000 settlement.

Mike Navarre

The Lucas County Sheriff at the time of the 2023 incident.

Cinemark

The movie theater company that employed security officers at Franklin Park Mall where the 2023 incident occurred.

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What they’re saying

“We must hold law enforcement accountable when they use excessive force, especially against young suspects who have already been subdued.”

— Anthony Wilder

What’s next

The settlement will be paid from Lucas County's risk-management fund.

The takeaway

This case highlights the ongoing need for improved police training, oversight, and accountability around use of force, especially when dealing with young suspects. It also underscores the financial costs that can result from such incidents for local governments.