CINCINNATI — A Hamilton County deputy was reinstated Thursday, more than two years after he was fired for kicking an inmate in the head during a scuffle with deputies in the Hamilton County Justice Center, according to the sheriff's office.
Jessie Franklin, 40, said he kicked inmate Nick Ballachino because he had just bitten down Franklin's work boot injuring his foot.
A sheriff's office photo showed Ballachino's bloody face immediately after the incident. According to an internal investigation report, Ballachino needed five stitches over an eye.
Then-Sheriff Jim Neil terminated Franklin in 2020 for what the sheriff's office described as "excessive force." Franklin was charged with misdemeanor assault. He was found not guilty during a bench trial in January 2022.
"He kicked him in the head to take away the threat," Franklin's defense attorney Mike Allen told the I-Team following the verdict. "He didn't do anything wrong."
After being found not guilty, Franklin's grievance process began, according to court records.
Two weeks ago, an arbitrator determined that Franklin should be reinstated as a deputy.
"In the heat of the moment, the Grievant reacted to stop an assault in a reasonable manner," arbitrator Tobie Braverman wrote in the decision. "The Grievant shall be reinstated with full seniority, rank and back pay."
According to Hamilton County spokeswoman Bridget Doherty, Franklin's salary was $68,532.46 when he was fired in July 2022. That means he could receive about $160,000 in back pay.
Ballachino filed a civil lawsuit against Franklin and the sheriff's office in June 2021.
Sheriff Charmaine McGuffey was dismissed from the suit, but the sheriff's office and Hamilton County Board of Commissioners are still listed as defendants.
A jury trial is scheduled for March 2023.
