The News Herald (Willoughby, OH)
Family files civil rights lawsuit
City, 2 police officers sued over Cleveland man’s death
The family of a Cleveland man shot and killed by a Euclid police officer filed a federal civil rights lawsuit against the city and two officers Oct. 9
Around 7 a.m. March 13, officer Matthew Rhodes responded to a report of a suspicious vehicle parked on South Lake Shore Boulevard near East 215th Street.
That call ultimately ended in Rhodes shooting Stewart, a 23-year-old Cleveland resident. Stewart was taken Euclid Hospital, where he died.
Stewart was asleep in his car when officers were called, said the family’s attorney, Sarah Gelsomino of Friedman & Gilbert, during news conference in front of Euclid City Hall.
“There were no allegations of any crime being committed, just that there was an unfamiliar car on the street that
morning,” Gelsomino said. “Officers Rhodes and (Louis) Catalani arrived and before Rhodes was even on the scene the officers had made the decision they were going to pull (Stewart) out of the car.”
Calling it an ill-advised and unreasonable action, Gelsomino said the officers approached the vehicle and Rhodes entered while the other officer opened the driver’s side door.
“They quickly proceeded to officer Rhodes hopping into the vehicle as (Stewart) was driving away,” she said. “Within moments Officer Rhodes beat Luke Stewart with his fists and with a Taser — Tased him multiple times — and shot him multiple times leaving (Stewart) with five very serious gunshot wounds.”
Rhodes was treated for minor injuries, Euclid Police Department said in its initial March 13 news release following the incident. The officer was on paid administrative leave in accordance with department policy. He was back at work within weeks.
On Aug. 29, a Cuyahoga County grand jury elected not to indict Rhodes. About a week before the grand jury’s decision, WKYC reported that Rhodes had been placed on desk duty.
Gelsomino said the lawsuit seeks to vindicate Stewart’s death.
“This city and this police department has not once taken this case seriously to investigate what happened and to hold the officers accountable for their behavior,” Gelsomino said.
She said the lawsuit not only brings claims alleging the officers violated Stewart’s civil rights, but also against the police department’s policies.
“We allege this police department has completely and utterly failed to supervise their officers, to discipline their officers appropriately,” she said. “Because of these failures they are condoning and actually encouraging them to commit acts of excess force against civilizations, particularly African American civilians in this city.”
Gelsomino said the Aug. 12 incident where Euclid police officer Michael Amiott was caught on camera punching 25-year-old Richard Hubbard III multiple times did not influence their lawsuit, but illustrates the policies and practices of the department they are alleging. Amoitt, who has a history of use of force complaints, is currently serving a 45-day unpaid suspension that ends Oct. 15.
Hubbard has a pre-trial hearing schedule for Oct. 12.