Dismissal motion filed in pending civil suit

SCOTT TRUXELL/independent editor

A convicted sex offender living in Van Wert is trying to have a civil suit against him thrown out of court.

The lawsuit against David Bradford was filed in Van Wert County Common Pleas Court on July 15 by a neighbor who’s young child was sexually assualted by him in 2025. While the name of the neighboring family is public record, the VW independent has made the decision not to publish their names.

According to paperwork filed with the Van Wert County Clerk of Court’s Office, the plaintiffs (neighboring family) are seeking compensatory damages for emotional distress, loss of use and enjoyment and property, punitive damages in an amount sufficient to punish Bradford and deter similar conduct in the future, pre-and-post judgement interest, the cost of the lawsuit and attorney’s fees, and any other relief the court deems proper.

“Since the sexual assault and defendant’s criminal conduct, plaintiffs and plaintiffs’ children have been unable to use and enjoy their residential property peacefully and without fear,” the suit states. “Plaintiffs have suffered severe emotional distress, anxiety and fear for safety and well-being of plaintiff’s children…defendant’s conduct was intentional, willful, wanton, malicious and done with reckless disregard for the rights and safety of plaintiffs.”

Earlier this month, Lima attorney Zachary Maisch, who is representing Bradford, filed a motion seeking dismissal of the lawsuit.

In paperwork submitted to the Clerk of Court’s Office, Maisch said Ohio law does not recognize an independent cause of action for “loss of quiet enjoyment” between neighboring property owners.

“Rather, this covenant applies exclusively to landlord-tenant relationships,” Maisch wrote. “Plaintiffs have failed to plead any factual circumstances establishing such a relationship, or any unreasonable conduct that could constitute an actionable nuisance. Due to these reasons, this matter may not proceed as a matter of law.”

Retired Visiting Judge Stephen Bruns of Preble County ordered the plainiffs to file a written response to Maisch’s dismissal request no later than Wednesday, September 2. Maisch will then have until September 12 to file a rebuttal.

Judge Bruns was appointed by the Ohio Supreme Court to preside over the case after Van Wert County Common Pleas Court Judge Martin D. Burchfield noted he is unable to preside over the case due to a conflict. Bradford is the husband of current Van Wert County Auditor Jamie Bradford, who lost her bid for re-election during the May primary election. She is not named in the lawsuit.

In a case heard by Visiting Judge James Brogan on January 30, 2025, Bradford entered a guilty plea to a prosecutor’s bill of information to a single count of attempted gross sexual imposition, a fourth degree felony. He was then sentenced to five years of probation, was ordered to have no alcohol or drugs without a prescription, undergo random screens, have no contact with the victim and no unsupervised contact with minors under the age of 13. In addition, Bradford was ordered to register as a Tier II sex offender, which means he must register his address twice a year for 25 years. He was also ordered to pay a $500 fine and court costs.

A bill introduced by State Representative Roy Klopfenstein (R-Haviland) last year would directly address the situation of the neighbors.

If enacted, Ohio House Bill 102 would close a loophole in Ohio’s Sex Offender Registration and Notification (SORN) laws, and expand those laws to prevent sex offenders from living within 2,000 feet of their victim or loitering within 1,000 feet.

Under current law, sex offenders are prohibited from living within 1,000 feet of any school, preschool, childcare center, children’s crisis care facility, or residential infant care center. However, there is no restriction preventing them from living right next door to their victim.

House Bill 102 was modeled after a law in Oklahoma that passed unanimously and has since been adopted in several other states.

Late last year, the bill passed the Ohio House (89-2) and was sent to the Ohio Senate for consideration. According to Klopfenstein’s legislative aide, Olivia Scholl, the bill is awaiting its second hearing in the Senate Judiciary Committee.