Attorney: Lawsuit Against Police, City Is 'Frivolous'

GAHANNA, Ohio -- A lawyer hired by the City of Gahanna to represent the city, the Gahanna Police Department, Police Chief Dennis Murphy and Deputy Police Chief Kenneth Bell tells NBC 4 the lawsuit filed last week by Officer Ron Fithen and his wife Beth is frivolous. That lawsuit seeking $3.5 million cites emotional distress, denied pay, and harassment in the aftermath of Beth Fithen's decision to pose naked for Playboy magazine.

"The complaint is not true and the allegations are just simply false," said attorney Brian Zets. "Beth Fithen's appearance in Playboy has absolutely nothing to do with Mr. Fithen's employment with the Gahanna Police Department."

RELATED: Gahanna Police Officer Sues Department Over Harassment From Wife’s Naked Photos

On Monday, the Fithens' attorney, John Sherrod, told NBC 4 that after the Playboy issue came out, Officer Fithen's work life became unbearable as he was repeatedly asked for copies of the magazine.

Asked if it would be natural for anyone with a relative involved in Playboy to expect discussion at the workplace, Sherrod responded, "Sure, discussion yes, but when your employer runs an investigation and actually assigns a full-time officer to follow you around after the issue, because of an alleged theft investigation I think that goes beyond the realm of reasonableness."

When asked how he could tie the theft investigation to the magazine photo shoot, Sherrod said, "It happened right after it."

But Zets denied any relation between the theft investigation and the Playboy appearance, telling NBC 4, "They're completely different situations, completely different set of circumstances." He described the theft investigation of Ron Fithen as being prompted by a private complaint, in which a party that hired Fithen to work special-duty erroneously paid him $2,000, when Fithen was only owed $200.

"The internal investigation basically stopped when Mr. Fithen agreed to pay the $1,800 back that he improperly deposited into his checking account," Zets said.

Zets also denied the accusation that the city refused to pay Fithen leave time for his Ohio Army National Guard training.

"The city has made every effort to reasonably accommodate Mr. Fithen so he could accommodate his work schedule, and also his drilling with the National Guard," Zets said.

And Zets denied the allegation that Deputy Police Chief Kenneth Bell requested an autographed copy of the Playboy magazine featuring Beth Fithen. According to Zets, Fithen left an autographed copy for Zets, but Bell threw it away before looking at it.

Sherrod said that Ron and Beth Fithen did not wish to speak about the lawsuit. Deputy Chief Kenneth Bell did not return NBC 4's call for comment.

According to City of Gahanna spokesperson Brian Hoyt, Ron Fithen has been on injured leave from his job since July 30 for a July 23 incident. Fithen filed a worker's compensation claim on August 5 -- one day after filing the lawsuit.

For additional information, stay with nbc4i.com and NBC 4 and refresh nbc4i.com -- Where Accuracy Matters.
To submit a story idea or news tip, e-mail us at stories@nbc4i.com.
NBC 4 POLITICS: Headlines, Interactives & Video
MORE: NBC 4 Local News | Local Crime News
NBC 4 SPORTS: Sports News, Video