Tracie Hunter, candidate for Hamilton County Juvenile Court, has sued the Hamilton County Board of Elections for equal protection and due process violations.  Tracie Hunter was 2,800 votes behind her opponent after the unofficial results on Election night.  After provisional ballots were counted, she closed the gap to just 23 votes.  Ms. Hunter filed this case in U.S. District court seeking an injunction ordering the Board of Elections to treat all provisional ballots the same.  The Board has counted some faulty provisional ballots if the fault was due to poll worker error.  Ms. Hunter sought an order requiring that no provisional ballots be rejected because of poll worker error.  U.S. District Judge Susan J. Dlott granted Ms. Hunter’s Motion for a Preliminary Injunction and ordered the Board of Elections to investigate provisional ballots that were cast in the right voting location but at the wrong precinct, and if poll worker error is found, to count the ballots.  There are 289 ballots that were cast in the right location but in the wrong precinct.  The Sixth Circuit Affirmed the injunction.  Tracie Hunter’s opponent appealed the Injunction.  To see pleadings in the case, click here.

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 “The day before the hearing the Ohio Supreme Court repealed the rule that prohibited a candidate for judicial office from advertising her political party affiliation.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.

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.

Federal Judge Solomon Oliver has appointed Attorneys Al Gerhardstein and Andrea Reino to represent a potential class of “old law” inmates.  These are offenders sentenced before the effective date of Senate Bill 2, July 1, 1996.  The old law inmates claim that the parole board changes its guidelines and in effect lengthened their sentences in violation of the Ex Post Facto Clause of the U.S. Constitution.  On April 10, 2010,  The Parole Board withdrew its current guidelines and then filed a motion to dismiss the lawsuit claiming it is moot.  We have filed a memo saying that the practices causing unfair longer sentences endure and the case is not moot.  No rulings on the merits have been made.  If the court agrees that the case is not moot we will then enter the discovery period when we gather all of the relevant facts in preparation for trial.  Inmates need not do anything to benefit from this case.  If the court grants our motion to certify the class, the inmates affected will be automatically in the class.  For more information, please see our Frequently Asked Questions Page.  Relevant Pleadings can be viewed Here.

April 29, 2010.  A race discrimination and retaliation civil rights lawsuit was filed today by African American Judith Edwards against the Hamilton County Developmental Disabilities Services (formerly MRDD).  Ms. Edwards was hired by the independent Hamilton County agency to recruit and retain African Americans and others in leadership positions.  Instead she became a casualty of discrimination herself.  The agency is largely taxpayer funded but is run by an independent Board.  Ms. Edwards worked at the agency for approximately nine months.  Before she was terminated she was offered a severance package worth approximately $90,000.00.  She turned it down choosing instead to fight for justice.

April 29, 2010.  A lady convicted of traffic violations is challenging the very constitutionality of the Mayor’s Court that heard her case.  Tammy Thomas has filed for a federal court injunction to stop the Middleport Mayor’s Court from hearing cases.

She says the Mayor denies everyone due process.  He refuses to hear from witnesses and relies on the traffic ticket as evidence without permitting the charging officer to be questioned.  She also says that the Mayor has a conflict of interest since he is the boss over the police officers who write the tickets and responsible for raising money through fines to fund the Village.  Her claims are based on the Mayor’s own sworn deposition.  See her pleadings here.

April 29, 2010.  A federal lawsuit has been filed challenging the Cincinnati policy of using the Taser to stop nonviolent persons who are running.  Plaintiff Keith Cockrell was suspected of jay walking when he was Tased in the back by Defendant police officer David Hall.  Mr. Cockrell was not suspected of any violence and at no time was Defendant Hall in any fear for his safety.

Mr. Cockrell was running when shot and immediately collapsed onto the pavement without breaking his fall in any manner.  He suffered severe lacerations and abrasions to his face and across the front of his body.  Well before the Taser deployment in this case, Taser International had issued a product warning indicating that the device can cause “serious injury or death… especially at risk are persons…who are running.”  Police agencies and other organizations who have studied Tasers have recommended that the device not be used against nonviolent persons suspected of minor crimes who are running.  Cincinnati is not following that trend.  The lawsuit seeks damages and reform.  The case is pending in federal court in Cincinnati.

April 29, 2009.  A police K-9 deployed off leash attacked two women and a child in Cincinnati.  The police dog was supposed to be looking for a lost article.  The police procedure manual does not permit off lead deployment for this purpose.  The dog became distracted and ran into the apartment of Plaintiffs, injuring a young child in the process.  The complaint can be viewed here.

A June 2010 civil rights trial is set for a Jackson County resident suing a deputy sheriff. On May 27, 2007, Shane Maynard was riding his ATV in rural Jackson County, Ohio. Sheriff Deputy Conley claims that he intended to warn Shane not to ride on the pavement. In fact what Conley did was pull his cruiser across the center line and completely block the path of the oncoming ATV. Shane was forced to swerve to the right to avoid a collision and he crashed into an embankment. He suffered severe injuries.

Al Gerhardstein and attorney Richard Topper of Columbus represent Shane. Magistrate Judge Terrance Kemp of the Federal Court in Columbus recently denied the motions for summary judgment by Jackson County and Deputy Conley. The case will be tried in June. See the complaint and the decision denying summary judgment here.

Butler County Sheriff Richard Jones is famous for his opposition to undocumented workers. Now one of his victims has fought back and won $100,000.00!

Luis Rodriguez was hanging drywall at a construction site in Butler County when Sheriff staff members entered the work site as part of an “immigration investigation” and rounded up over 20 Hispanic workers. Twelve workers were fired after questioning by the sheriff staff. Mr. Rodriguez was arrested based on documents that he possessed. Attorney George Fee vigorously represented Mr. Rodriguez in the criminal case and won an acquittal. But once in custody, Mr. Rodriguez was removed from the country along with his wife and two children. They had lived in Southern Ohio for eleven years working, paying taxes, and attending a local Christian Church. They are now living in poverty in Mexico.

Attorney Al Gerhardstein sued Sheriff Jones on behalf of Mr. Rodriguez. He claimed that Mr. Rodriguez was “seized” when he was taken to the construction trailer at the worksite for interrogation in violation of the Fourth Amendment. He also alleged a violation of the Equal Protection Clause. In addition, Gerhardstein argued that the Sheriff did not have power to enforce the federal civil immigration law. The case was pending on motions for summary judgment and only weeks away from trial when the County agreed to pay $100,000 in settlement of the claims. Pleadings can be viewed here.

There are 12 million undocumented persons living in the United States. Many, like Luis, are simply moms and dads trying to feed their children. Focusing harsh enforcement on these working parents and letting employers use their labor without suffering any consequence underscores how distorted our immigration enforcement has become. This case demonstrates that the Constitution protects “all persons” – regardless of citizenship and it shows that law enforcement can be held accountable.

On April 14, 2010, an appeal was filed on behalf of City of Cincinnati workers and retirees challenging Judge Spiegel’s ruling in favor of Anthem Insurance. Through the appeal the plaintiffs hope to reinstate their claim for the $55,000,000 the City received from Anthem when Anthem demutualized in 2001.

On March 3, 2010 Federal Judge S. Arthur Spiegel ruled in favor of Anthem and the City and against the class of Cincinnati workers and retirees. He held that when Anthem demutualized in 2001, the $55,000,000 in demutualization proceeds properly belonged to the City and not the workers and retirees. We disagree and we will take steps to reverse this decision. A copy of judge Spiegel’s decision is available here.

We received hundreds of responses to the class notice and we thank all of you who helped by searching for documents, providing documents, and submitting to depositions. If we are able to reverse the decision, class members will be notified and we will post it on this website.

Judge S. Arthur Spiegel has certified a class of approximately 2600 current and former City of Cincinnati workers. The members of the class claim that they were covered by certain Anthem Insurance policies and that the workers were entitled to compensation when Anthem converted from a mutual company to a stock company in 2001. At that time the City of Cincinnati received the mutual compensation (approximately $55 million in stock) and the workers received nothing. Al Gerhardstein is one of the Class Counsel for the class. Other class counsel are Eric Zagrans and Michael Becker of Cleveland and Dennis Barron of Cincinnati. Please read the Notice to Class Members. You may also view a Sample Certificate of Membership here. Click here to view selected Mell v. Anthem litigation documents.

No ruling on the merits of the case has been made at this time. On December 2, 2009, Judge Spiegel ordered Anthem and the City to provide the names and contact information of the class members to Class Counsel. Current and Former City workers who participated in specific health coverage are in the class.

Are you a class member? Class members will be contacted and asked to provide any Anthem-related documentation that you have. This documentation may help prove the claim by the class that the workers and not the City were entitled to the demutualization proceeds. If you think you are in the class or if you have questions you can call Jennifer Thompson or Laura Sinclair at the office at 513.621.9100.

Family of Tarika Wilson, woman shot and killed on 1/4/08 by Lima Ohio SWAT team, settles lawsuit against Sgt. Joseph Chavalia and Lima, Ohio.  Settlement was for $2.5 million plus continuing work with the City on police reforms.  Al Gerhardstein and Jennifer Branch of G & B served as co-counsel with Derek Sells of the Cochran Firm in New York City.  Click here to read a copy of the Amended Complaint in Jennings v. City Of Lima, Ohio.

The City of Cincinnati has agreed to lift the near total ban on political activity imposed on City workers.  They can now participate in federal elections and in elections outside of Ohio.  Other rules have been eased as well.  Questions are now referred to the Civil Service Commission or Solicitor’s office and a running public record is maintained of the answers so City workers will know what they can and cannot do.  Damages and attorney fees were also paid.  G&B attorneys Andrea Reino and Al Gerhardstein represented the City workers.  Read the new political activity rule and the notice sent to the city workers.  Click here to see all documents in the case.

Al Gerhardstein and his daughter Jessica Gingold accomplished their goal of biking across the south for civil rights! Their trip from Mobile, Alabama to Cincinnati, Ohio traversed the path of the Underground Railroad to raise money for the Ohio Justice and Policy Center.  You can learn more about their adventures at www.civilrightsbikeride.blogspot.com. To learn more about their cause or to make a donation, please go to www.ohiojpc.org.

It is an exciting time and significant changes in how systems and communities respond to youth in Ohio are on the horizon. We want to hear from professionals who work on juvenile justice issues and family and youth who have experienced the system about what is working and what improvements need to be made. What are the opportunities?

• Participate in discipline-specific or community focus groups to discuss issues that impact your profession;
• Capture your story via video, audio, or in writing so that it can be shared with the media, lawmakers, and others interested in juvenile justice public policy reform;
• Show support by joining the Facebook group called Partners for Youth Justice: Ohioans United for System Reform; or
• Request a presenter to come train at a conference or local event about the efforts in Ohio and across the country.

If you would like to participate in any of the above activities or want more information about what reforms are happening in Ohio contact Lauren at childrenslaw@ispconsults.com

After thirty years of working in the Enquirer Building we have moves.  All of our contact information remains the same, only our address has changed. Visit our contact us page for directions and parking options.

GERHARDSTEIN & BRANCH CO. LPA
432 Walnut Street, Suite 400
Cincinnati, OH 45202

Jennifer Branch and Andrea Reino won an almost $400,000 verdict against the U.S. Post Office August 14, 2008. The jury found the Post Office discriminated against Joan Fredericks, a clerk at the Bulk Mail Center, over the last five years. The jury found her knee condition was a disability and that the Post Office failed to accommodate her need to sit down and avoid steps. Ms. Fredericks is seeking reinstatement with accommodations. Click here to see the documents in the case.

The State of Ohio and Al Gerhardstein, Lead Counsel for the youth in Ohio’s juvenile facilities, have announced a settlement that will implement $20-$30 million annually in reforms. The agreement must be approved by federal judge Algenon Marbley. The fairness hearing is set for 8:30 a.m. on May 21, 2008. It is open to the public. The class action settlement resolves issues of overcrowding, understaffing, violence, education services, as well as mental health, physical health and other programming issues. Click here to read the Notice to the Class, the joint Press Release announcing the settlement, and other Documents in S.H. v. Stickrath.

Jury selection was underway on February 8, 2008 when the City of Cleveland decided to pay the family of Ricardo Mason one million dollars to settle the case.  Ricardo was a 16 year old passenger in a car that the police stopped on August 27, 2002.  Ricardo was unarmed and had his hands in the air when the shooting occurred.  Lead attorney Al Gerhardstein co-counseled the case with David Malik and Dennis Niermann of Cleveland.  They were prepared to prove that the defendant police officers moved the suspect car after the shooting and before the investigation in order to support their version of events.  The settlement ended the trial.  Click here to read the Sixth Circuit decision in the case.

On November 15, 2007, the Fossyl family won a $1 million verdict against Thomas Watson and Michael Milligan for the death of their sister in June 1977. Click here to see the verdict and other documents in the case.