Cincinnati v. Clardy

BETTMAN, J. At 3 p.m. on March 30, 1976, an officer of the Cincinnati Police Division stopped defendant-appellant for jaywalking across Lincoln Park Drive. The officer informed the defendant that his transgression would cost him $10 in the form of a fine, to which defendant responded with an expletive. Defendant was promptly arrested for disorderly conduct and subjected to a patdown. A brief tugging match ensued while the officer attempted to force defendant to lean his body spread-eagle against the officer's patrol vehicle. During this encounter, the officer received one blow on his chest, sustaining what he described as a minor contusion which was slightly black and blue. Defendant was thereafter charged with resisting arrest and assaulting a police officer.