A federal civil rights lawsuit was filed on July 28, 2010, challenging Ohio judicial election laws.  Targeted in the case was Ohio’s system of selecting judicial candidates through elections in a partisan political primary but then requiring the primary winners to appear without party labels on the general election ballot.  Also challenged in the case were the Judicial Code of Conduct rules which prohibit judicial candidates from advertising his/her party affiliation after the primary and prohibits a judicial candidate from soliciting or receiving campaign contributions.  Identical Kentucky rules were held unconstitutional on July 13, 2010 in Carey v. Wolnitzek, 2010 WL 2771866 (6th Cir July 14, 2010). 

After hearing arguments from all parties, U.S. District Judge Susan J. Dlott rejected the First Amendment challenge to Ohio Judicial Election Laws.  Plaintiffs’ attorney Al Gerhardstein was disappointed with the ruling but noted that the lawsuit did result in reforms,

 “The day before the hearing the Ohio Supreme Court repealed the rule that prohibited a candidate for judicial office from advertising her political party affiliation.  On that same day the Ohio Supreme Court also modified the rule restricting campaign fundraising.  Those reforms show how the case has had a positive impact on free speech.”

 Left intact by Judge Dlott is Ohio’s system of selecting judicial candidates through elections in a partisan political primary but then requiring the primary winners to appear without party labels on the general election ballot. The plaintiffs wanted to force the State to list the party labels of the primary winners on the general election ballot.  Also approved was the amended judicial rule on campaign fundraising.  Gerhardstein stated that Judge Dlott’s ruling is being studied and a decision on appealing will be made soon. 

Relevant pleadings and the decision by Judge Dlott can be viewed here.

Cincinnati, Ohio.  The families of three murdered women have sued Hamilton County Ohio following revelations that their deceased loved ones were sexually abused at the Hamilton County Morgue.  The perpetrator, Kenneth Douglas, was a morgue attendant who was regularly high on drugs and alcohol and who had intercourse with women visitors – all while on duty.  The abuse occurred between 1982 and February 6, 1992.  Mr. Douglas was convicted of gross abuse of a corpse and is presently in state prison.  DNA testing linked Douglas to the bodies of the deceased victims. 

The families learned of this abuse when Douglas was criminally charged in 2008 and 2009.  Defendants include Douglas’s supervisor, Bernard Kersker, former Coroner Dr. Frank Cleveland, and Hamilton County, Ohio.  The current coroner is not sued and was not in office during the abuse.  Civil Rights Attorney, Al Gerhardstein, one of the attorneys for the plaintiff families, states that,

 “The extreme abuse by Douglas is matched only by his supervisors.  They permitted staff members who were high on drugs and alcohol to handle the loved ones of these families.  These deceased women had no protection from the abusive staff.  Reopening the grief surrounding these deaths is devastating for these families.” 

The families are also represented by attorney Arthur W. Harmon, Jr., and attorneys from Cohen, Todd, Kite & Stanford, LLC, all of Cincinnati.

The Sixth Circuit ruled an arrestee was protected by the 4^th Amendment, not the 14^th Amendment, when he was viciously beaten at the Montgomery County, Ohio Jail during the booking process.  For the first time, the Court made clear that the 4^th Amendment not only applies through the booking process, but extends until a judicial determination of probable cause occurs (e.g., arraignment, warrant).  The 14^th Amendment protections begin after the judicial determination and until conviction.  The District Court properly denied Qualified Immunity to one defendant but the case was remanded for decision regarding the remaining defendants under the more lenient 4^th Amendment reasonableness standard.  The decision and other pleadings can be viewed here.

The death of R & B singer Sean Levert in the Cuyahoga County jail has resulted in the largest jail death settlement in Ohio history.  The $4,000,000.00 settlement was mediated by U.S. Magistrate Judge Greg White in Cleveland.  Cuyahoga County, Ohio and Midwest Medical Staffing are contributing to the settlement.  Cuyahoga County Commissioners will also express support for statewide legislation requiring jails to properly treat inmates who have drug prescriptions when admitted to custody.  Sean Levert’s widow, Angela Lowe, has already testified in the Ohio House of Representatives in favor of “Sean’s Law” which requires reforms.  The Commissioners will also include scrutiny of mental health services in their review of jail services as part of the transition to new jail management in the county later this year.

Counsel for Angela Lowe included David B. Malik of Cleveland, Alphonse A. Gerhardstein of Gerhardstein & Branch, in Cincinnati and Daryl Dennie of Cincinnati and Cleveland.  Mr. Malik stated, “Sean’s death was senseless.  He entered the jail on a nonviolent crime, nonsupport.  He followed policy and gave the staff his prescription Xanax.  The County and Midwest knew that without replacing the drug, Sean would go into withdrawal.  He did just that and was placed in a restraint chair.  Sean’s was an agonizing and horrifying death.”  Angela Lowe says she is relieved, “No amount of money will return my husband but if this case helps prevent another inmate from dying due to withdrawal we will have done some good.”   Gerhardstein agreed stating, “This case should serve as a wake up call to jails across the state to properly manage inmates at risk for withdrawal from drugs when they enter the jail.” 

 Relevant pleadings can be viewed here.

Michael Jackson is a former inmate at the Hamilton County, Ohio Jail.   From April 8, 2007, until August 10, 2007, he was housed in the administrative segregation unit at the jail.  On August 10, 2007, Hamilton County deputies forcibly removed him from his cell and placed him in a restraint chair.  Even though he was fully under the control of several officers, one officer shot Mr. Jackson in the chest with pepper balls at point blank range.  The use of the pepper ball launcher was gratuitous and cruel.  Jackson sued Hamilton County and the deputy alleging a civil rights violation.  United States District Judge J. Michael Barrett and a panel of judges from the Sixth Circuit rejected efforts to dismiss the case and ruled that it should be tried.  At that point the County settled with Mr. Jackson for $30,000.00.  Jackson’s attorney, Al Gerhardstein, stated that,

“Through cases like this government is held accountable for abuses of power.  Hopefully this settlement will cause Hamilton County, Ohio deputies to respect the rights of inmates in their custody.” 

Pleadings can be viewed here.