Euclid police respond to suit

Officials want civil rights lawsuit filed by family of Cleveland man shot and killed by officer dismissed

Euclid officials are asking that a federal civil rights lawsuit filed by the family of a Cleveland man who was shot and killed by a city police officer be dismissed.

Luke Stewart, 23, died at Euclid Hospital after being shot about 7 a.m. March 13 after police responded to a report of a suspicious vehicle parked on South Lake Shore Boulevard near East 215th Street.

Stewart’s family sued the city last month. The family’s attorney, Sarah Gelsomino, contends

Stewart was asleep when officers were called, and there were no allegations of any crime being committed when Officer Matthew Rhodes decided to enter the car as Stewart was driving away.

Within minutes, Rhodes beat Stewart with his fists, Tased him multiple times and shot him, according to Gelsomino.

However, city attorney James Climer said Stewart is solely to blame for his own death.

Rhodes shot Stewart after exhausting all other means to protect himself and others against “the extreme hazard posed by Stewart,” according to Climer’s answer that was recently filed in response to the lawsuit.

Climer alleges Rhodes

fell into Stewart’s car then pulled himself all the way into the vehicle as he and Officer Louis Catalani attempted to stop Stewart from starting his car and escaping. According to Climer: • The incident began after Catalani observed Stewart — who appeared to be passed out or asleep — with his seat reclined, a digital scale in the car console, what appeared to be a marijuana “blunt” in the foot well area of the driver’s side and a screw top from a wine bottle in the car.

• Catalani first knocked on a car window and waved at Stewart to try to get his attention.

• After Stewart started the car and tried to put it in gear, Catalani opened the driver’s side door and shouted for Stewart to stop. Meanwhile, Rhodes opened the passenger side door and tried to push Stewart out of the car while Catalani was attempting to pull him out.

• Rhodes pulled his legs into the car to avoid being crushed as Stewart drove past the police car in front of his vehicle, driving “recklessly” down South Lake Shore and East 222nd Street.

• Rhodes tried to get control of Stewart’s keys and gear shift, but Stewart was attempting to push or hit the officer.

• Rhodes shot Stewart several times in the chest and right wrist only after striking him in the head and Tasing him did not stop Stewart from driving recklessly down the street.

The case has been assigned to U.S. District Judge James S. Gwin in Cleveland.

No weapon was recovered from Stewart’s body or the car he was operating.

Rhodes, who was treated for minor injuries, has been returned to full patrol duty.