Man sues Euclid, police officers

Cleveland man was punched by officer multiple times on video

Richard Hubbard, the Cleveland man seen on video being punched by a since-fired Euclid police officer more than a dozen times in August 2017, has filed a lawsuit against the city.

Named in the lawsuit filed in Cuyahoga County Common Pleas Court are the city of Euclid, Michael Amiott (the fired officer), police officer Matt Gilmer, and police officer Kirk Pavkov. Yolimar Tirado, Hubbard’s girlfriend, is also a plaintiff in the lawsuit. The pair now live in Bedford Heights, according to the suit.

“Defendant officers are responsible for injuring plaintiffs,” reads the lawsuit filed by Hubbard and Tirado’s attorney Christopher McNeal. “Further, the unconstitutional policies and practices of the Euclid Police Department have resulted in excessive use of force against too many citizens in

Euclid, Ohio particularly the class of African-American citizens, of which plaintiff Hubbard is a member. The city is therefore also liable for plaintiffs’ injuries.”

Hubbard and Tirado are seeking $3.8 million in compensatory damage for the violation of their rights among other relief, according to the lawsuit.

The Aug. 12, 2017, incident went viral after a witness posted a cellphone video of the altercation on Facebook. The video was viewed millions of times.

Euclid police later released dash camera footage of the incident.

Amiott pulled over Hubbard for a traffic signal violation, and the footage shows that as Hubbard gets out of the car, Amiott asks him to face away and repeats the order about a second later. The situation progresses — some of which happens out of the view of the dash cam — and Hubbard and two officers go to the ground. As they are on the ground, Amiott can be seen repeatedly punching Hubbard.

Amiott was fired Oct. 13, 2017. Shortly after the incident, Euclid Police Chief Scott Meyer suspended Amiott without pay for 15 days and recommended that Mayor Kirsten Holzheimer Gail suspend him for an additional 30 days, which she did.

Gail said in an Oct. 13 news release that during Amiott’s suspension for various rule violations, her office received further complaints regarding his professional conduct. Amiott joined the Euclid police department five months after he resigned rather than be fired from the Mentor Police Department for lying about why he stopped a man for a suspended license violation. During his time with Euclid, Amiott received a number of use-of-force complaints including being reprimanded in 2016 for hitting a suspect with his gun and

losing his temper in front of his commanding officer.

Hubbard was charged with resisting arrest, driving without a license and a traffic signal violation. Those charges were dropped with prejudice in November 2017. Charges against Tirado, who was in the car with Hubbard, were also dropped.

According to the lawsuit, after the Aug. 12 incident, Hubbard was bleeding profusely in the back of Gilmer’s patrol car and asked for medical treatment twice, but both requests were denied. Euclid EMS arrived on scene and treated hand injuries sustained by Amiott. According to the suit Hubbard again asked to be treated for his injuries but was denied.

“Euclid EMS never provided any treatment for plaintiff Hubbard, they never even triaged him or provided him with as much as a Band-Aid,” the suit reads.

After the arrest, the officers searched and impounded the 2011 Hyundai Sonata owned by Tirado. According to the suit, the police report claims that officers found marijuana in the car.

“Nevertheless, no pictures of the marijuana were ever taken, no evidence of marijuana was ever produced, and no charges were ever filed against plaintiffs for marijuana possession,” the suit states.

Eyewitnesses saw officers fist-bumping one another and laughing about the assault afterward, the lawsuit alleges. One Euclid officer, Daniel Ferritto, was recorded on dispatch radio saying. “I didn’t know we would be having this much fun.”

Cellphone footage went viral on social media shortly after Hubbard’s arrival to the Euclid jail and some jail staff members had seen the video. The lawsuit alleges that after seeing the “egregiousness” of the arrest, jail staff began treating Hubbard’s injury. His bond was also reduced after video was shown to supervisors.

Hubbard was seen wearing

a neck brace during some of his first court appearances following the arrest.

The lawsuit makes seven claims for relief: unconstitutional search and seizure; two claims of malicious prosecution; a Monell Policy claim against the city of Euclid; willful, wanton and reckless conduct; assault and battery; and intentional infliction of emotional distress.

In the Monell Policy claim against the city, the lawsuit alleges that despite the facts and circumstances surrounding the arrests of Hubbard and Tirado, the city has failed to “effectively investigate or impose any discipline” on the defendant officers, other than Amiott for illegal behavior.

Under this claim, McNeal cites the recent Mary Stewart v. City of Euclid case that went before the United States District Court for the Northern District of Ohio. In that case, the court found the city to have a “blasé attitude toward excessive force training” and a cavalier indifference” to use of force.

That suit accused Euclid police officers of excessive force for the death of Luke Stewart, an unarmed black man that was fatally shot by officer Matthew Rhodes. The court dismissed the lawsuit.

In addition to the $3.8 million, Hubbard and Tirado are seeking punitive damages in an amount to be determined at trial for the “willful, wanton, malicious, and reckless conduct of (the) defendants.”

They are also seeking declaratory and injunctive relief against Euclid enjoining policies, practices and customs shown to encourage the use of excessive and unreasonable force against civilians, and order the institution of policies, procedures and training for the police department to bring them into compliance with constitutional standards. They are also seeking attorney fees.

Calls to Euclid officials were not immediately returned.

ASSOCIATED PRESS FILE Richard Hubbard III, who was seen on video being punched by a police officer multiple times during a traffic stop, speaks to a supporter after a news conference in Euclid.