STATEMENT OF UNDISPUTED MATERIAL FACTS

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

PHILIP M. WASELESKI,                                     Plaintiff     vs.  CITY OF BROOKLYN, OHIO, et al.,                                    DefendantsCase No. 1:23-CV-0548  

STATEMENT OF UNDISPUTED MATERIAL FACTS

Plaintiff PHILIP M. WASELESKI (hereinafter “Plaintiff”) pro se, and files this Statement of Undisputed Material Facts in support of his Motion for Summary Judgment. Plaintiff states as follows:

  1. On January 3, 2021 when Plaintiff was driving to his residence in Berea, Ohio. When he stopped to refuel his vehicle at the Sheetz Gas Station, he was stopped by Officer Tony Aftim of the Brooklyn Police Department.
  2. Plaintiff was also neither impaired nor under the influence of any substances.
  3. Officer Tony Aftim never explained the reason for the stop. Instead, he demanded that Plaintiff leave the vehicle.
  4. Officer Aftim subjected Plaintiff to a search. He also searched Plaintiff’s person, his vehicle and personal effects including his cell phone, wallet, automobile keys, and personal protective equipment (PPEs).
  5. Plaintiff questioned why he was unlawfully detained and Aftim began to read him the Miranda Rights. Aftim also questioned Plaintiff on his personal affairs including his reasons for being at the gas station and his intended destination.
  6. Plaintiff complied with all the officer’s commands, and responded to all inquiries and interrogations.
  7. Officer Aftim then placed Plaintiff at the back of a squad car
  8. The brown bottle of oil in Plaintiff’s possession gave no odor or other indicators typically associated with illegal drugs.
  9. Officer Aftim called other Brooklyn police officers Pitts, and Spisak to assist him.
  10. Plaintiff expressed his concerns over the blatant intrusion into his privacy and violation of his rights. Plaintiff also requested to speak to his attorney.
  11. Officer Aftim denied Plaintiff’s request to speak to his attorney.
  12. The officers then issued a citation #TR20550 in allegedly for TURNING AT INTERSECTION.
  13. On January 26, 2021, Plaintiff appeared before Brooklyn Mayor’s Court to contest the citation issued against him.
  14. Plaintiff protested the disparate treatment and the many violations of his constitutional rights.
  15. Plaintiff entered a NOT GUILTY plea and the case was transferred to Parma Municipal Court for further trial and resolution.
  16. Plaintiff’s counsel filed a timely motion for discovery.
  17. The City of Brooklyn and McDonnell ignored all of Plaintiff’s legitimate requests.
  18. On August 23, 2021, Plaintiff prevailed in the Parma Municipal Court against Defendants and obtained a dismissal of the false citation issued by Aftim.

Respectfully submitted,

Dated: __________

______________________________

Philip M. Waseleski

Plaintiff, pro se

CERTIFICATE OF SERVICE:

The undersigned hereby certifies that the above and foregoing was served by regular U.S. Mail, postage prepaid, on the Defendants:

[ENTER DEFENDANTS’ ADDRESS]

Dated: _____________         

______________________________

Philip M. Waseleski

Plaintiff, pro se