Another civil rights lawsuit against the Cleveland Division of Police has landed in federal court.
North Ridgeville resident Joshua Hall asserts that he was driving on the East Shoreway on April 16, 2014, when he was pulled over by Cleveland police. He was asked to step out of his car and submit to testing for impaired driving. He refused the testing.
Nonetheless, according to a suit filed in federal court today, EMS arrived and placed Hall on a gurney and began drawing blood from his arm. Hall was then taken to a Cleveland Clinic emergency room, where EMS advised him that he was under arrest and demanded a urine sample.
Hall was held in a Cleveland jail for two days, and his bail was denied. He did not see a magistrate until three days had passed from the incident. The blood and urine alcohol tests turned up negative.
What began then was something of a downward spiral, Hall contends. He lost his job as an engineer technician programmer, and he was without a driver’s license for some time before it was reinstated. Hall alleges the incident has cost him more than $25,000. The OVI charge against Hall was dismissed in Cleveland Municipal Court.
Hall alleges civil rights abuses and inadequate training and supervision of the involved officers.
Read the full suit below.
Joshua Hall vs. City of Cleveland
This article appears in Apr 22-28, 2015.
Should have compiled with the police. Don’t be an asshole and you still would have your job.
Yeah, citizen. Comply with your government or get tossed in the can for 2 days. Brilliant comment, Joe.
It’s assholes like Joe that is fueling this unrest between citizens and the police…… Police have no power unless you have broken the law, which the tests show that he wasn’t……
North Ridgeville mayor gillock directed police to pull over ANYONE driving thru town after midnite regardless if they are driving erratic or not. if they are out that late on the road that late stop them and see if they have been drinking ! A Ridgeville man was stop several times coming home from his 2nd shift job. The mayor informed him that is why he was stopped. THIS is a violation of his civil rights plain and simple !!! I think it is because it is about the money gained by fines obtained plain and simple.
Listen Charlie and Ryan, If I’m not drunk I’m taking the test and going home. Easy choice. This asshole got what he deserved be a asshole and be treated like a asshole. In the mean time I have a job, cheap insurance and I haven’t spent a day in Jail. I have been pulled over and went thru the battery of test…..guess what……I complied and went home. Go ahead fuck with the police and they will fuck with you.
I bet Joe is a fucking cop. Assholes stick up for each other
I love the typical boot-licker response. Comply or else! Nothing to hide = nothing to fear. Funny how the boot-lickers are usually the right wingers…you know, the same people that preach about freedom and supporting the troops…you know, the troops that are fighting to protect the constitution (allegedly)…you know, the constitution that protects our natural born human rights, which contains the 4th amendment…you know, the one which states there will be no warrant-less searches, seizures, checkpoints, stop-and-frisks, wiretapping, surveillance, etc…you know, the same methods that were used under Stalin in Russia and Hitler in Germany. Boot-licking = fascism. Quit being a fascist Joe.
Whats wrong with complying with the police? I guess I was raised wrong by my parents when they told me that if someone with power,(police, firefighter, teacher, pastor, principal, or an adult that i know and trust) ask me to do something and it is of no harm to me, that I should listen to them.
If people have a problem with the law, then do something to change it. If you are going to sit back and do nothing, do not complain about the law.
He was driving erratically, even stated by the complaint against the police. The first assumption would be impaired driving. There are field tests to see if further tests are needed to prove if the levels are over the legal limit. If you refuse these tests, the police are well within their right to arrest the individual and go through other means to prove, whether right or wrong if the driver is then impaired. Up to that point the police were on the correct side of the law.
I do not know how long it takes for a blood test or a urine test to come back, but i do know that a breathalyzer, can give very fast results. That option was already declined by the individual. So urine and blood is the next option.
Two Days?!?! I have to believe that the results came back much much faster than that. Thats where the story seems to be missing a few things. If there was nothing to warrant the two days of incarceration, then yes, this is very sad that this happened and the individual involved has every right to go for restitution. However the two police officers that made the initial stop shouldn’t get in trouble. After they filed their reports and handed the gentleman over, it is in someone else’s hands at that point. I am sure the reports were done and filed before the blood and urine tests got back.
This story is all one side of the story. There are always two sides to a story as well. If this side comes out to be completely true, someone needs to make up what happened to him.
Before we jump to conclusions, lets get all the facts on the table. They may all be there, they may not all be there, its important to look at this with an open mind. None of us know what actually happened at this point other than the individual himself. He was the only one there for the whole story, I am sure the two police officers didn’t log 48 hours strait at the station/jail.
Most people making comments have the story planned out in their head where either the individual or the law was 100% at fault. Typically speaking, its never just one side that has complete blame with this.
I do know however that if I am pulled over by a police officer, I am going to treat them with respect and dignity, the same way I treat people the first time I meet them. A little courtesy goes a long way in all situations. From the way this story sounds, it seems that there was no courtesy in either direction for those involved.
Why was his bail denied? I hope the police have a good excuse. I wouldn’t want my tax dollars being spent on corrupt police officers. Fire them!!!
I can’t say I agree with the law, but it was state law that caused most of his problems. I don’t see anything unique or wrong doing by the Cleveland police. Its an ohio law when you sign for your driving license that you receive an automatic one year license suspension on the spot with no trial needed if you refuse to submit to sobriety tests if an officer belives you are driving impaired. He wasn’t drunk or on drugs, so the ovi charge got thrown out as it should have, but the loss of his license has everything to do with mandatory suspension under state law. I don’t think he has much of a leg to stand on here. Work on getting the state law changed if you are upset by this but I dont see a valid case against cpd.
The state law is unconstitutional…it completely lacks due process…you get pulled over, get told to step out of your car for a field sobriety test…every lawyer’s advice I’ve ever seen says decline to play and demand an immediate blood test. Why? Because lawyers know that the law says BLOOD alcohol limit—not breath alcohol or field sobriety! It is not as if this guy resisted arrest, rather, it is only that he refuses “tests” that are so subjective and prone to error, but that will get allowed and used against you in court anyway.
What a lot of people don’t realize is that there are supposed to be TRIALS for stuff like this to happen, not automatic sentencing, which is EXACTLY what this law is. I’m not saying I support OVI, but I do support the right to due process and a trial before sentence is passed. These laws are passed to make it look like politicians are tough on crime, but in reality it is another way of raising money or messing with someone’s life whenever it suits you. If you get pulled over, any cop, any time can say you were driving erratically and any prosecutor can show the dash cam video and make it look however he wants to a jury and your toast—but if you refuse to play games and go straight to a blood test, which is the most accurate, BAM—automatic license suspension. Does that sound right to you??? And all those fees you get to pay really are great for the state…thousands upon thousands that they can defraud you out of by you simply refusing a field sobriety test and demanding a blood test.
Someone deserves to be sued…and this should definitely go to federal court and the state law should be thrown out. But the city will probably settle before trial to keep the law intact…because it is such a lucrative law that a few lost lawsuits won’t be too big of a hit.
Traffic laws should be about safety, but today…they’re about cold hard cash and control. And THAT is why Ferguson got so out of control…when the system antagonizes people long enough, they tend to get upset. Some certainly lashed out against the wrong people, rioting and burning down businesses and all (but who’s to say that those in power didn’t pay someone to set those fires to influence public opinion to marginalize the protestors as “uncivilized” and disingenuous?) but the protestors most certainly have a legitimate grievance.
Comply and still get pinched I bet…..
Either the complainant and his lawyers are grossly misstating the facts of the case (not knowing the name of the arresting officer is a bad sign) or the police clearly didn’t follow proper procedures.
Smart cops always pull you over for some traffic violation: weaving, improper lane change, license tag not illuminated,…something. That puts them in the driver’s seat in case nothing else pans out.
Nobody can force you to submit to any test. The state allows them to revoke your license on the spot but that doesn’t mean you’re guilty of driving while impaired.
For example a driver on crutches or arthritic knees really can’t be expected to perform the walk the line test and should obviously respectfully refuse to take the test . Caffeine can cause one to fail the nystagmus gaze test so it should be respectfully declined as well. If the police want to pursue the issue, they will then arrest you for suspicion of OVI and take you for a breathalyzer or blood alcohol test. Always ask for the blood test since it trumps the others as B.A.C. is directly is specified in the statute, If you refuse to take breath, blood or urine tests, you will certainly be arrested and your license suspended, but your lawyer may still have a case.
Even those convicted of first time DUI can generally get driving privileges to go to work, etc.
I recently experienced poor job performance by CPD when I was pulled over for an illegal left turn (the no-left-turn sign was actually missing.) He unprofessionally made fun of me being from out of town (isn’t Cleveland trying to attract tourists?) and the ethnicity of my passengers. I think when he saw my spotless driving record he decided to let me go without a citation.
Late to the discussion, but I’m curious if John Doe can back up his story about the NR mayor. I’ve lived in NR for years and have driven after midnight many times without being stopped. I’ve also never heard anyone else make this claim before now.
The NR this is true. They will follow you at night turn for turn. Big $ for their mayors court.