Update: A judge on Tuesday rejected the lawsuit, according to Cleveland.com. Via courts reporter Eric Heisig:
U.S. District Judge James Gwin concluded that the officers produced “no evidence” to support their claims.
Gwin wrote that what the group described as evidence were just “short excerpts from dated testimony in unrelated cases that consist of individuals giving general discussion about race” and the city. Records show that the length of restricted duty more depends on the facts of a case than the color of an officer’s skin.
***
(Original story 11/29/2014) Further highlighting the Cleveland police department’s racial divide, a group of nine Cleveland police officers, self-identifying as “non-African Americans,” are suing in federal court for what they deem unfair treatment toward them because of their role in the notorious police shooting death of Timothy Russell and Malissa Williams in November 2012.
The plaintiffs include eight white officers — Erin O’Donnell, Christopher Ereg, Michael Farley, Cynthia Moore, Michael Rinkus, William Salupo, Brian Sobolik, Scott Sistek — and Hispanic officer Wilfredo Diaz. They are bringing suit against the city of Cleveland, then-Police Chief and current Safety Director Michael McGrath, then-Safety Director Martin Flask, current Police Chief Calvin Williams and Mayor Frank Jackson, on counts of discrimination, civil rights violation and breach of employment contract.
The gist of the case involves their claim that because they aren’t black, they were punished (“assigned to boring and menial tasks,” etc.) more harshly for killing black people on the job than when black officers kill black people on the job (“The City of Cleveland, through the other named defendants, and the other named defendants in their individual capacities, have a history of treating non-African American officers involved in the shooting of African Americans substantially harsher than African American officers”). After police shoot people, it is standard for officers to be placed on temporary paid-leave — a 45-day “cooling off period” involving “menial and unpleasant tasks,” the suit says. The white officers’ “cooling off period” was too long, they say.
The suit blames the media, naturally, for sensationalizing the shooting:
Almost immediately the news media began to sensationalize the events. They reported the officers who discharged their weapon as being 12 white and one Hispanic and the deceased as African Americans. The news media reported that members of the community called the shootings murder, executions, and demanded that the officers involved be punished. Members of the community representing various factions exerted pressure upon the defendants to punish the officers.
Here is the full explanation of the discrimination claim in the complaint (emphasis ours):
57. Plaintiffs incorporate the preceding paragraphs of this complaint as if fully rewritten herein.
58. Plaintiffs suffered adverse employment action and unfair punishment arising from the events of November 29, 2012 including but not limited to being assigned to boring and menial tasks in the gym with no of chance overtime, secondary employment, pay for court appearances, no chance to apply for promotions or transfers to specialized units, and being prohibited from engaging in active police work as they had grown accustomed and contracted for.
59. Plaintiffs are non-African Americans.
60. Plaintiffs’ assignment to “gym duty” was substantially longer than that which had been meted out to similarly situated African American officers. By way of one example, an African American officer who actually shot someone was sent to the gym for 45 days and then was only disciplined for reaching into the person’s car. African American Detective John Jordan, whose failure to communicate his contact with the Russell vehicle and his pursuit of Russell was listed as one of the systemic faults that lead to the shooting, was not disciplined in anyway.
61. The City of Cleveland, through the other named defendants, and the other named defendants in their individual capacities, have a history of treating non-African American officers involved in the shootings of African Americans substantially harsher than African American officers.
62. A serious dichotomy exists as a result of the defendants’ longstanding practices and procedures which place onerous burdens on non-African American officers, including the plaintiffs, because of their race and the race of persons who are the subjects of the legitimate use of deadly force.
63. Available statistics confirm that the City of Cleveland and the other defendants have created a glaring disparity in assignments to the gymnasium based upon race.
64. The defendants were on notice and aware of at least three prior suits alleging their same conduct was unconstitutional and a violation of Federal and state law. Two of the suits were successful. Yet, they knowingly and intentionally persist in this misconduct.
65. The defendants do not possess a legitimate, non-discriminatory justification for the disparate treatment of the plaintiffs. Any reason advanced to explain this disparate treatment is merely a pretext for unlawful discrimination.
66. The City of Cleveland and the other defendants have discriminated against Plaintiffs based upon race, and potentially other factors, in direct violation of 42 U. S. C. §1981, 42 U.S.C. §2000e-2, Ohio Rev. Code §4112.02(A) and potentially other provisions of law.
67. As a direct and proximate result of such wrongdoing, Plaintiffs have suffered lost wages and earnings, impairment of their earning capacity, and impairment of their professional reputations, humiliation, emotional distress, mental anguish, and other serious damages. These losses are expected to be permanent and ongoing.
Yes, Cleveland police officers involved in killing two unarmed people are saying that extra long “gym duty” because of their roles in a shooting incident resulted in “emotional distress” and “mental anguish.” Not that they killed people, but because of gym duty.
Read the suit here:
Cleveland Police Lawsuit (PDF)
Cleveland Police Lawsuit (Text)
This article appears in Nov 26 – Dec 2, 2014.
“Penchant for killings”? A police officers responsibility is public safety. None of the instances of deadly force being used by the police were the result of targeting law abiding citizens. Individuals that evade the police, continue a threatening posture when asked to stand down, or point weapons at other people are threats and need to be treated as such. I found your statement offensive, and out of line that you would compare the Cleveland Police Department to a group of thugs. The judgement they used was a result of the oath to protect. If you are innocent, why run? If you respect authority, why disregard simple requests to keep your hands visible? If you don’t have violent intention, why scuffle and reach for an officer’s gun? I respect my neighbors, myself and my community; i raised my children to do the same. Defending menacing behavior seems ridiculous. I’m thankful for the commitment of the police officers in my community. Glad they take their job seriously.
When in a persist of a vehicle I guess no one is put in harms way, specially when it’s 10 plus cars racing down the street, or over one hundred bullets being fired in a residential neighborhood . No there’s no way any innocent bystanders could get hurt. Yes these two people did wrong, but a negative does not make a positive, especially when firing upon these suspects over 100 times out ways the circumstances. I understand it’s that superior attitude. If your wrong your wrong, these guys still have there job, there pentions, and no regard for the life’s they have taken. It’s God’s will to take life’s not the police.The cops who shot the 12 year old boy……stop your cruiser a few yards back, use vehicle for cover, use intercom to give instuctions, he doesn’t comply shot him in the arm, the leg, or how bout them bean bags. Of course if your hot headed, and have this arrogance that I’m above the law. Just shooting someone cause you think someone poses a threat , and not knowing for sure is a lack of training. Yes the kid was wrong, but I don’t feel a lack of proper training is right either. If the cops didn’t know this was a young kid , and that possible this kid had a fake gun, where are there listening skills, dispatch gave them this information, but yet they rolled in like cowboys not concerned officers.
Shooting someone in the arm or leg does not eliminate the possibility of them firing their gun. In a scenario where the gun was a loaded weapon, it takes a second for someone to fire a stray bullet and kill and innocent person. The police would have been absolutely crucified by the media then too. He was acting like an outlaw and that is a threat to public safety whether a person is 12 or 70. If you don’t want to be perceived that way and treated that way then don’t act like it! I don’t see the circumstances of either situation a superior attitude on the part of the police….I see it as taking their guardianship seriously. However, I do agree with the process of investigating the circumstances honestly and looking at ways that it might have gone differently. I also agree that human life is sacred and the taking of one has to be answered to.
So…let me get this straight…you’re saying that a 12 year old was acting like an outlaw with a play gun…at a recreation center where kids play…was wrong???? Where should he have played “outlaw”?
It just shows how delusional police are. They believe that unlike the rest of us, they are above the law. Cleveland is a notoriously racist city. That bridge downtown by Jacobs Field represents segregation . It represents the divide of black and white in Cleveland. I am terrified of the Police. I don’t understand why they can’t just apprehend people without murdering them. 137 bullets?
Dee, I think everyone is scared of the police to a point. There’s a belief that if an officer wants to get you for something, they will. My blood runs cold anytime I see an officer driving behind me, even if they just happen to be driving along behind me and I haven’t done a thing wrong. A lot of work needs to be done to bridge the gap between the police and citizens, but until both sides WANT that gap to close and TRULY take actions to further that goal, it’s just going to get further and further apart. The common line of thinking is that police abuse their power and can generally get away with murder, literally and figuratively. Yes this perception needs to be fought and ways of thinking need to be changed, but first you have to stop that perception from being reality.
Face it, this just isn’t CPD’s year. This is a rebuilding year. Next year they’ll have some draft picks that should help turn it around.
Repeat the above yearly as needed. This works for the Tribe, Browns, Cavs, and the education system, too.