MIAMISBURG — A man who claims he was falsely arrested while walking in his neighborhood has sued the city and his neighbor.
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In the lawsuit, Darryl Kinney alleges his neighbor lied to police on July 13, 2025, and told police he was hitting mailboxes in their neighborhood.
Body camera video from Miamisburg officers shows the interaction.
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Video shows police approach Kinney, but he keeps walking.
Kinney refused to turn around so he could be searched.
He said he is on the phone with his lawyer during the interaction.
Officers with Tasers pointed at Kinney tell him he is going to be detained for public intoxication.
Police then say why they were originally called.
“We got a call that you were looking in the mailbox and beating on mailboxes,” an officer said.
Later, the officer took the same water bottle, dumped it out, and then said: “evidence because it smelled like alcohol, it’s empty now.”
The city of Miamisburg sent News Center 7 a statement in April following the release of the body camera footage during a press conference held by the NAACP :
“The City of Miamisburg became aware of allegations of a civil rights violation involving the Miamisburg Police Department following a press conference held by the Dayton Chapter of the NAACP.
The City has procedures to ensure all allegations are reviewed in a fair, thorough, and impartial manner. We take these matters seriously and are committed to serving all individuals with respect, regardless of race, age, religion, or background. We value transparency in our interactions with the public and strive to approach every situation with professionalism and respect. At this time, we are actively gathering all relevant information to conduct a comprehensive review.
The City supports the dedicated men and women of the Miamisburg Police Department and is proud of the work they do each day to serve and protect our community. We remain confident in their commitment to carrying out their duties with integrity and professionalism."
Kinney’s charges of obstruction of official business and disorderly conduct were dismissed.
Kinney is seeking compensatory and punitive damages in an amount in excess of $25,000, together with costs and reasonable attorney fees.
He is also asking that the city and all of its employees, including officers, receive mandatory training on civil rights laws, constitutional policing, de-escalation, evidence preservation, and proper witness statement procedures; and that the city conduct a full internal affairs investigation on the officers involved in this incident and into any related prior incidents of racially discriminatory policing.
We have reached out to the city of Miamisburg for a comment on the lawsuit and will update if we receive a response.
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