Highsmith Lawsuit
Highsmith Lawsuit
Highsmith Lawsuit
PageID #: 1
Euclid police Officer Daniel Ferritto assaulted and menaced two young
This is a civil rights actions for the violations against Plaintiff’s Highsmith
and Gist arising from the egregious conduct of Defendant Officer Ferritto.
1
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 2 of 17. PageID #: 2
the unconstitutional policies and practices of the Euclid Police Department have
resulted in the excessive use of force against too many citizens of Euclid, Ohio.
Act, 42 U.S.C. § 1983 et seq; the Judicial Code, §§ 1331 and 1343(a); and the
parties reside, or at the time the events took place, resided in this judicial district,
and the events giving rise to Plaintiffs’ claims also occurred in this judicial
district.
PARTIES
of this occurrence, a duly appointed officer employed by the City of Euclid and
engaged in the conduct complained of in the course and scope of his employment
2
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 3 of 17. PageID #: 3
acting under color of state law, ordinance, and/or regulation. He is being sued in
corporation, duly incorporated under the laws of the State of Ohio, is the
employer and principal of Defendant Ferritto, and is responsible for the policies,
FACTS
at Plaintiff Gist’s apartment, located at 104 E. 233rd St., in the city of Euclid,
Ohio.
some recent conflicts in their friendship and enjoying a quiet evening at Plaintiff
Gist’s apartment.
10. Plaintiff Gist’s daughter, A.M., was playing in her bedroom while
Plaintiff’s drank and conversed in the living room. A.M.’s room was secured by a
11. Around 6:15 PM, Plaintiffs went outside to retrieve a bottle of Moët
champagne from Plaintiff Gist’s vehicle. Plaintiff Gist had purchased the
champagne to celebrate her final semester of grad school. Once outside, the
12. Plaintiff Gist had just recently purchased a new car, and Plaintiff
Highsmith asked Plaintiff Gist if she could see the new car while they were
3
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 4 of 17. PageID #: 4
outside smoking.
13. Both Plaintiffs then proceeded to sit inside of the car, but did not
start the engine, or even put the keys inside of the ignition.
14. The ladies then exited the vehicle and begin walking back inside of
15. Plaintiffs noticed 3 police cars parked without lights in Sims park,
which is across the street from Plaintiff Gist’s parking lot, and within eye shot.
16. The Plaintiffs walk back into the apartment. Suddenly, within 5
seconds of being inside of the apartment, Defendant Ferritto kicked in the door of
the apartment, accompanied by several other City of Euclid police officers. There
was no knock and announce conducted by the police officers prior to kicking the
door open.
at Plaintiffs: “you don’t fucking run from me! . . . you fucking stop!”
18. Plaintiffs tried to explain that they were not running from the police
officers and were genuinely confused as to why the Euclid police were in the
apartment, and why they had entered the apartment in such a violent manner
19. Plaintiff Highsmith demanded to know the cause for the intrusion
grabbing her by her collar, picking her up, and body-slamming her on the
4
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 5 of 17. PageID #: 5
violently smacked against the ground, and the bottle of Moët that she had been
pain, as well as several lacerations, contusions, and bruising to her face, arms,
face down, and hand-cuffed her. Plaintiff Gist was handcuffed as well.
23. At no point did Plaintiff Highsmith resist arrest. At this point, none
of the police officers had informed either of the Plaintiffs as to why they were
being arrested, or even informed them that they were under arrest at all.
room, and discovered A.M. in her room, he called Children’s Services. Plaintiff
Gist pled with Defendant Ferritto to let her call her grandmother to come and
25. When the police finished their walkthrough of the house, they
26. Defendant Ferritto then told Plaintiff Highsmith that she was going
to jail for running from the police, and that Plaintiff Gist was getting a ticket for
child endangerment.
27. As the Euclid police prepared to take Plaintiff Highsmith out of the
apartment, they had a quiet discussion about their body cameras in front of the
5
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 6 of 17. PageID #: 6
and the public, in order to cover up their own misconduct. The police officers
agreed that that ‘none of their body cameras were turned on.’
Highsmith out into a police cruiser and retrieve a camera. Plaintiff Highsmith
was never mirandized, nor informed as to what charges she was being arrested
for by any of the Euclid police officers at the scene of the arrest.
police officers to treat her fairly and informed them that she herself was in school
crudely mock Plaintiff Highsmith, and told her she “would never be a cop.”
31. Upon conveying Plaintiff Highsmith to the Euclid City jail for
booking, Defendant Ferritto instructed the jail staff to: “have fun with this one,
32. Plaintiff Highsmith continued to wait for hours at the Euclid City
Jail, for medical treatment and notice as to the nature of her charges. A
1Defendant Ferritto has a documented history of mocking victims of police brutality at the hands
of Euclid Police Officers. On August 12, 2017, following the controversial beating of Richard
Hubbard III, Defendant Ferritto was captured on police radio boasting that he: “didn’t know we
would have this much fun.” Defendant Ferritto was also actively involved in the violent, and
controversial arrest of Damien C. Parker, an outspoken activist and critic of the Euclid Police
Department, on November 2, 2017.
6
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 7 of 17. PageID #: 7
correctional officer in the Euclid jail found out that Plaintiff Highsmith’s
boyfriend is a correctional officer in the Cuyahoga County jail, and the guards
36. All charges were eventually dismissed against both Plaintiffs, due to
the excessive use of force used against Plaintiff Highsmith, and the lack of any
conduct and willful, wanton, reckless, and/or negligent conduct was the direct,
lasting injuries including, inter alia, physical pain and harm, and serious mental,
7
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 8 of 17. PageID #: 8
fundamental rights.
40. Upon information and belief, the City of Euclid has failed to
illegal behavior.
paragraphs, violated Plaintiffs’ rights under the Fourth Amendment to the United
and seizures, and their right to due process under the Fourteenth Amendment to
the United States Constitution, and caused the injuries alleged in this complaint.
the direct and proximate cause of the constitutional violations set forth above and
of Plaintiffs injuries.
44. Defendant Ferritto acted under color of law and within the scope of
Plaintiffs suffered and continue to suffer injury and damages as set forth in this
complaint.
8
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 9 of 17. PageID #: 9
52. Defendant Ferritto acted under color of state law and within the
Plaintiffs’ suffered and continued to suffer injury and damages as set forth in this
Complaint.
9
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 10 of 17. PageID #: 10
pursuant to one or more interrelated de facto policies (even if not official written
respective employees and/or agents and consequently is directly liable for the
Ferritto was unreasonable and unlawful, upon information and belief, the City of
58. At all times material to this complaint, Defendant City and its Police
10
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 11 of 17. PageID #: 11
malicious prosecution;
Euclid Police Department include a pattern of acts of excessive use of force and
11
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 12 of 17. PageID #: 12
62. This pattern is the moving force behind the conduct of Defendant
officers.
63. The policy, practice, and custom of a police code of silence results in
police officers refusing to report instances of police misconduct of which they are
obligation under police regulations to do so, and also includes police officers
either remaining silent or giving false and misleading information during official
discipline, civil liability or criminal charges, in cases where they and their fellow
64. The de facto policies, practices and customs of failing to hire, train,
and the code of silence are interrelated and exacerbate the effects of each other,
this complaint were part and parcel of a widespread municipal policy, practice
and custom is further established by the involvement in, and ratification of, these
12
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 13 of 17. PageID #: 13
separately and together, are the proximate cause of the injury to Plaintiffs,
because Defendant Ferritto had good reason to believe that his misconduct would
bot be revealed or reported by fellow officers or their supervisors, and that he was
immune from disciplinary action, thereby protecting him from the consequences
67. But for the belief that he would be protected, both by fellow officers
Defendant Ferritto would not have engaged in the conduct that resulted in the
injuries to Plaintiffs.
alleged in this complaint against Plaintiffs, and therefore acted as the moving
forces behind the direct and proximate causes of the injuries to Plaintiffs.
FOURTH CLAIM FOR RELIEF- State Law Claim for Willful, Wanton,
and Reckless Conduct
70. Defendant Ferritto failed to exercise due care, and acted with a
13
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 14 of 17. PageID #: 14
malicious purpose and/or in bad faith and/or in a willful and/or wanton and/or
reckless manner while engaged in police functions and activities, including but
not limited to unreasonable search and seizure and malicious prosecution against
Plaintiffs.
reckless, and/or willful and/or wanton misconduct such that they are not entitled
72. Defendant Ferritto acted under color of state law and within the
Plaintiffs’ suffered and continue to suffer injuries and damages as set forth in this
Complaint.
cause.
14
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 15 of 17. PageID #: 15
manner.
Plaintiffs suffered injuries, including but not limited to, loss of liberty, emotional
distress, loss of reputation, and other damages set forth in this Complaint.
81. Defendants acted under color of state law and within the scope of
SIXTH CLAIM FOR RELIEF- State Law Claim for Assault and Battery
created in her the fear and apprehension of an immediate, harmful, and offensive
justification.
15
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 16 of 17. PageID #: 16
emotional distress upon Plaintiffs and knew his conduct would cause Plaintiffs
severe and serious emotional distress, which was of a nature that no reasonable
that judgment be entered in their favor on all counts and prays the Court award
Plaintiffs’ rights;
16
Case: 1:18-cv-00500-DCN Doc #: 1 Filed: 03/05/18 17 of 17. PageID #: 17
D. Attorney fees and the costs of this action and other costs that may be
E. All other relief which this Honorable Court deems equitable and just.
JURY DEMAND
Respectfully submitted,
17