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Parents and Milford Schools had agreed to send a disabled student to the Langsford Center in Blue Ash, Ohio to learn to read.  After several years of slow but steady progress at the Langsford Center, Milford Schools proposed to change the students reading placement from the private center back to the public school.  When the parents disagreed Milford Schools filed due process against the parents.   The parents lost both administrative decisions and filed a complaint in U.S. District Court, where Judge S. Arthur Spiegel ruled Milford Schools had violated the parents’ due process rights by pre-determining the reading placement.  This important decision is now on appeal.

Al Gerhardstein and Jennifer Branch have negotiated a settlement for the family of Everette Howard Jr. He was tased and died at the University of Cincinnati on August 6, 2011.  After his death the UC police withdrew all of their tasers from service.  The settlement provides that:

• Compensation.  The University will pay two million dollars plus provide an undergraduate education free of tuition and instructional fees for the two siblings of Everette Jr.
• Taser Policy. Before tasers are reissued to officers in the UC Police Department the public and the Howard family will be notified and UC will receive suggestions from them on taser training and use;
• Expert Reports. UC has received and read detailed reports from experts retained by the Howard family including electro physiologist Dr. Douglas Zipes, M.D. and police training and taser expert, Dr. Ronald Martinelli, Ph D.  These reports provide the response of the family to conclusions reached in the University and BCI investigations;
• Memorial.  UC will install a memorial bench and plaque at the site where Everette Howard Jr. died;
• Statement by UC President.  UC President Santa J. Ono has issued a statement to the Howard family expressing the “deepest regrets” on the loss of Everette Jr;

The family is part of a group that is monitoring taser policies in law enforcement agencies throughout Hamilton County.  They will continue to press all local agencies for taser reform.  Attorney Al Gerhardstein, who along with Jennifer Branch has filed numerous cases across the State involving tasers, stated, “Everette’s death was unjustified and unnecessary.  Through this case the family is helping reform taser use throughout the region.  Hopefully their investigation and advocacy for their son will prevent more taser deaths.”  The settlement was mediated by Saul Green, who is a former U.S. Attorney and former Deputy Mayor of the City of Detroit.  He also served as the lead monitor for the United States District Court here in Cincinnati helping implement the Cincinnati police reforms through Collaborative Agreement.

Since May 20, 2008 the Ohio Department of Youth Services has been implementing a Stipulation requiring extensive reforms to Ohio’s juvenile corrections system.  As a result of ongoing progress the terms of that stipulation have now been reduced.  Many areas are in compliance and no longer subject to court monitoring.  Other areas will only be reviewed for quality assurance.  In the areas of mental health and special management units direct court monitoring will continue until the Department achieves substantial compliance, which should be within six months to a year.  During the implementation of the Stipulation the number of youth locked in DYS facilities has been cut from 2000 to approximately 600 while community based treatment options have greatly expanded.  Al Gerhardstein is lead counsel on the class action.  Co Counsel Kim Tandy of the Children’s Law Center and Cincinnati Attorney Jennifer Kinsley.

Keith Cockrell has settled his claim of excessive force against the Cincinnati Police for $60,000.00.  Since the lawsuit was settled the Cincinnati police have modified their taser policy consistent with his claims. That is, he claimed that the policy permitted officers to tase persons who were fleeing from jaywalking.  The Sixth Circuit held that the officer was entitled to qualified immunity on the claim but agreed with the district court that the challenge to the policy could go to trial.  The City settled before trial.  Mr. Cockrell suffered severe scrapes, bruises and scarring.  Al Gerhardstein and Jennifer Branch represented the Plaintiff.