Family of man fatally shot by police files wrongful death lawsuit

The family CLEVELAND — of an unarmed man shot and killed by a Euclid police officer in March filed a federal civil-rights lawsuit Monday, alleging wrongdoing on behalf of the officer and another cop who responded to the call that led to the man’s death.

Officer Matthew Rhodes shot Luke Stewart, 23, after Rhodes and officer Louis Catalani responded to a call about a suspicious vehicle on South Lake Shore.

Stewart was asleep in the car and Catalani, who first responded to the call, saw a half-smoked joint of marijuana and the top of a wine bottle in the car, according to investigators from the Ohio Bureau of Criminal Investigation. A confrontation ensued where Stewart drove away and Rhodes jumped into the car, punched Stewart, used a Taser on him and finally pulled his pistol and fired several shots that killed Stewart, investigators said.

A Cuyahoga County grand jury in August declined to issue charges against Rhodes. Rhodes told BCI investigators that Stewart fought back and he feared he may be killed in a car crash if he didn’t shoot Stewart, who left behind two children.

But the lawsuit says Rhodes and Catalani should never have put themselves in such a position in the first place, as they did not have probable cause to try to remove Stewart from the car, the suit says.

Stewart’s mother, Mary Stewart, their family and attorneys questioned why the officer put himself in a position that led to the confrontation that took her son’s life.

“If you were afraid, why would you get in?” Mary Stewart said Monday at news conference in front of Euclid City Hall.

In addition to what Stewart’s family says were problematic and unconstitutional actions that led to Rhodes shooting Stewart, the family says the city has a pattern and practice of unconstitutional actions when it comes to using force against black people and investigating and disciplining officers for potential misconduct.

Such a charge, known as a “Monell claim,” are incredibly difficult to prove in court, though Euclid police has come under scrutiny in recent months after another officer was seen on a viral video hitting a driver during an arrest following a traffic stop. That incident, involving patrolmen Michael Amiott, is drawing scrutiny from state and federal investigators.

An email sent Monday to a Euclid police spokesman and the city’s mayor was not immediately returned.

The lawsuit says Rhodes and Catalani decided to pull Stewart out of the car, even before arriving at the scene. Catalani told BCI investigators that he told Rhodes via radio that they were going to pull Stewart out of the car because he appeared drunk and high.

Stewart’s autopsy later showed he had three times the legal driving limit of alcohol in his system, as well as marijuana, cocaine and oxycodone, investigators said.

The high-profile use-offorce incidents has led to protests in the city, including at a City Council meeting.