In a verdict delivered Friday, a jury sided with former Bureau of Alcohol, Tobacco, and Firearms (ATF) agent James Burk, awarding him $1.6 million in damages following his lawsuit against the City of Columbus. Filed in December 2020, the lawsuit stemmed from an incident involving local police officers Joseph Fihe and Kevin Winchell.
Burk, on duty in central Ohio, had gone to a Columbus residence to collect an illegally owned shotgun when the occupant, home alone with her children, declined to open the door and contacted the police. She informed dispatchers of Burk’s ATF affiliation, a message that attorneys argued was relayed to responding officers Fihe and Winchell.
Despite Burk presenting his ATF credentials, the officers, upon arrival, approached him with weapons drawn. According to Burk’s legal team, the officers ordered him to the ground, tasered him multiple times, and detained him. The officers expressed skepticism over the authenticity of his credentials, citing concerns about falsification.
The case progressed to a jury trial, excluding the City of Columbus as a defendant after a judge’s ruling. During the trial, Burk’s legal representatives claimed that the incident inflicted mental and physical trauma, altering his career trajectory from active fieldwork to administrative duties. The jury attributed direct blame for Burk’s post-traumatic stress disorder to the officers.
Burk’s lawyers also alleged that Fihe and Winchell disseminated body camera footage of the encounter within and outside the Columbus Police Department to mock Burk.
City attorneys defended the police actions, asserting that it was difficult to validate Burk’s credentials. Fihe and Winchell continue their employment with the Columbus Police Department, as confirmed by the Ohio Attorney General’s Office.
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