Friday, September 30, 2011

Cincinnati excessive force case

A dispute over the death of a man in police custody eight years ago moved a step closer to getting to trial last Wednesday , with Southern Ohio District Court Judge Susan Dlott's issuing an order that clears the way in a case determining whether Cincinnati Police used excessive force in an altercation back in 2003 in which police were accused of failing to take proper measures that might have prevented a suspect’s death . this morning reported “the case – which claims some of the officers used excessive force while subduing the 350-pound suspect and others failed to follow their training when they left him handcuffed on his stomach, which the coroner later ruled contributed to death by asphyxiation -- had been bogged down for years as attorneys on both sides argued over technical points that only recently were resolved in appeals courts.

Dlott also ruled that several police supervisors, city officials and former Chief Tom Streicher could not be held liable for Jones' death and would be dropped from the case.

In 2008 defendants appealed the district court’s (1) denial of the motion to dismiss the claims against the City, Chief of Police, City Manager, and several police officers for use of excessive force and for failure to provide adequate medical care; and (2) denial of the motion to dismiss the claim against Police supervisors for failure to provide adequate medical care. The Sixth Circuit there “affirmed the decision of the district court and remanded the case for discovery, summary judgment, and, if necessary, a trial to resolve the disputed factual issues,” which is where we are now. ( Here )

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