A federal lawsuit filed in the Northern District of Ohio claims that a disabled father was deprived of his constitutional rights when several individuals—including attorneys involved in his divorce case—allegedly conspired to sell his multi-generational family home through fraudulent means and by denying him due process. The complaint was submitted on March 2, 2026 by Daniel L. Ketterman III, who is representing himself individually and as next friend for his two minor children. Named as defendants are Jane Timonere (court-appointed attorney), Michael R. Babyak (opposing counsel), Lisa Mariani (court-appointed receiver), Matthew Blair (attorney for the receiver), Cassie Jo Ketterman (his former spouse), and Roberto Flores.
According to the filing in United States District Court for the Northern District of Ohio, Ketterman alleges that the defendants acted under color of state law to deprive him of property without due process, retaliated against him for exercising First Amendment rights, discriminated against him based on disability status in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, engaged in conspiracy to violate civil rights, committed fraud upon the court, legal malpractice, abuse of process, and bad-faith litigation.
The dispute centers around Ketterman’s family home at 1481 Duffus Road NE in Warren, Ohio—a property built by his children’s great-grandfather where he resides with his two children under a 50/50 custody arrangement. Ketterman states that after falling behind on mortgage payments while on short-term disability income due to multiple medical conditions—including PTSD, ADHD, mood disorder, spinal injury requiring surgery, nerve damage in both hands, and recent hip replacement—he secured funding from an acquaintance named Benjamin Armbruster to cure the arrears.
Ketterman alleges that Jane Timonere, appointed as his counsel in April 2024 during divorce proceedings (Case No. 2024 DR 00090), concealed $18,500 in available funds from both him and the state court. He claims she failed to act on this information or present it during critical ex parte chambers conferences from which he was excluded. “She did not,” Armbruster reportedly stated regarding whether Timonere presented evidence about available funds during her meeting with Judge Engler on November 25, 2025.
Despite having arranged sufficient funds to pay off what he says were misrepresented mortgage arrears—the actual figure being $7,442.45 according to bank records—Ketterman asserts that opposing counsel Michael R. Babyak filed motions claiming over $18,000 was owed. These actions allegedly led to the appointment of Lisa Mariani as receiver on December 2, 2025 for purposes of selling the property.
After terminating Timonere’s representation upon discovering these issues—and proceeding pro se—Ketterman says he paid approximately $9,000 directly to reinstate the mortgage within days. Nevertheless, he reports continued efforts by Babyak and other parties to pursue contempt sanctions against him for recording a Lis Pendens notice intended to protect his property interests while litigation was ongoing.
The complaint further alleges that Babyak used Ketterman’s documented disabilities as grounds for attacking his parental fitness: “there is absolutely no way the Defendant can effectively care for the children.” Ketterman contends this constitutes disability-based discrimination prohibited by federal law: “The ADA… prohibit[s] the use of disability status as grounds for restricting parental rights.” He also claims reasonable requests for ADA accommodations were denied without explanation by the presiding judge.
Additionally detailed are allegations that Matthew Blair threatened eviction against Ketterman and his children within three days—a timeline described as legally impossible under Ohio law—in an effort characterized as intimidation during sensitive holiday periods.
In response to these events—and after filing a motion exposing alleged fraud upon the court—Ketterman reports that Babyak responded with three simultaneous motions seeking dismissal of relief efforts; sanctions including attorney’s fees; and contempt penalties carrying potential incarceration up to ninety days. He asserts these filings were designed “to punish Plaintiff for exposing fraud” rather than seeking legitimate relief.
Among remedies sought from the federal court are: issuance of temporary restraining orders preventing any sale or transfer of the property pending resolution; compensatory damages including emotional distress; punitive damages; declaratory judgments confirming violations under constitutional amendments and federal statutes; reasonable attorney’s fees; referral of defendant attorneys’ conduct to disciplinary authorities; and any further relief deemed just by the court.
The complaint is signed by Daniel L. Ketterman III acting pro se at 1481 Duffus Road NE in Warren. Defendants include Jane Timonere (4 Lawyers Row), Michael R. Babyak (175 Franklin St.), Lisa Mariani (382 Niles Cortland Rd NE), Matthew Blair (724 Youngstown Rd.), Cassie Jo Ketterman (2526 Bristol Ave.), all served via certified mail according to court documents. The case is identified as Case No. 4:26-cv-00501-BYP.
Source: 426cv00501_Ketterman_III_v_Timonere_ESQ_Complaint_Northern_District_Ohio.pdf
