O’Donnell v. City of Cleveland

On November 29, 2012, a vehicle sped by Cleveland Police Officers and emitted a loud bang. Thinking that it was a gunshot, the officers radioed their dispatcher, stating that they were shot at by two African-American men in a vehicle. Officers responded and attempted a traffic stop. The subsequent 25-minute pursuit, reached speeds of 100 miles per hour, involved 62 police vehicles, and ended in a school parking lot. With the car contained, Officer Diaz exited his vehicle. Believing that he saw the passenger reach for a gun, Diaz fired his weapon. The vehicle then accelerated toward Diaz; 13 officers fired 139 shots. The vehicle occupants were killed. The media framed the incident as one Hispanic and 12 Caucasian officers killing unarmed African-Americans. Community response was significant. Under department policy, the officers were assigned to restricted duty status, which they call “demeaning.” After the Ohio Bureau of Criminal Investigation released its report to the county prosecutor, but before the prosecutor finished his review, the officers were returned to transitional duties. The state grand jury declined to issue criminal charges. The officers returned to full duty. Nine officers sued, claiming that because of the racial implications and community response, they were assigned to restricted duty for a longer period than their African-American colleagues who have also been involved in deadly force incidents with African-Americans (42 U.S.C. 1981, 42 U.S.C. 2000e-2, 42 U.S.C. 1983). The Sixth Circuit affirmed summary judgment rejecting the claims. “While we should heed history’s lesson about protecting civil liberties in times of crisis, history alone is not evidence of civil rights violations.” The officers did not complain to the department about their assignments; they did not show that the decision to keep them on restricted duty pending the investigation’s outcome was a pretext for discrimination. View "O'Donnell v. City of Cleveland" on Justia Law