IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
Derrick J. Washington
6726 Clement Avenue
Cleveland, Ohio 44105
Plaintiff- Petitioner,
vs.
City of Cleveland
c/o Department of Law
601 Lakeside Ave., Room 106
Cleveland, Ohio 44114
Officer Thomas Ward
c/o City of Cleveland
1300 Ontario Street
Cleveland, Ohio 44113
Officer John Doe
c/o City of Cleveland
1300 Ontario Street
Cleveland, Ohio 44113
Chief of Police, Michael McGrath
c/o City of Cleveland
1300 Ontario Street
Cleveland, Ohio 44113
Defendant-Respondents
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Case No.
CV 811690
Judge:
Jose’ Villanueva
Complaint for Replevin, Equitable Relief
and Monetary Damages
(Trial by Jury Endorsed Hereon)
Facts
1.
Plaintiff-Petitioner, Derrick J. Washington says he is an African-American adult,
a citizen of the United States, the State of Ohio and the City of Cleveland.
2.
Plaintiff-Petitioner, Derrick J. Washington says there is no legal impediment to
his ownership of a handgun.
3.
Plaintiff-Petitioner, Derrick J. Washington says the City of Cleveland is a political
subdivision of the State of Ohio, and for all times material to this complaint was the employer of
Defendant-Respondents, Officer Thomas Ward, Chief of Police, Michael McGrath and Officer
John Doe, each of whom was working within the course and scope of their employment at all
times referred to in this complaint.
4.
Plaintiff-Petitioner, Derrick J. Washington says that on or about February 9-10,
2013, at or about 2:30 a.m., Plaintiff-Petitioner, Derrick J. Washington, called the DefendantRespondent, City of Cleveland to report a shooting in the vicinity of Ms. Martha's Restaurant &
Lounge, 2871 East 116th Street, Cleveland, Ohio 44120.
5.
Plaintiff-Petitioner, Derrick J. Washington says after the police arrived at the
parking lot of Ms. Martha's Restaurant & Lounge, 2871 East 116th Street, Cleveland, Ohio
44120, Plaintiff-Petitioner spoke with police officers on scene informing them, while they were
acting in the course and scope of their employment with the Defendant-Respondent, City of
Cleveland that he was licensed “to Carry a Concealed Handgun,” attached herein as Exhibit A.
6.
Plaintiff-Petitioner, Derrick J. Washington says he told police officers on scene
that in his motor vehicle, which was approximately 10-20 feet from Plaintiff-Petitioner, contained
his legally purchased (February 19, 2011) Taurus 38 special revolver, serial number D010883,
see Exhibit B, with an approximate value of Five Hundred Dollars ($500.00).
7.
Plaintiff-Petitioner, Derrick J. Washington says police officers, names unknown,
unlawfully and without probable cause searched Plaintiff-Petitioner’s motor vehicle, under color
of law, unlawfully and illegally seized and converted property, a Taurus 38 special revolver,
serial number D010883 belonging to Plaintiff-Petitioner, Derrick J. Washington.
8.
Plaintiff-Petitioner, Derrick J. Washington says that at said time and place he
was arrested without probable cause, under color of law, for weapons under disability, R.C.
§2923.13, by Defendant-Respondent, Officer John Doe and wrongfully detained for three
complete nights and two full days in the Defendant-Respondent, City of Cleveland’s jail and
held in unsanitary and degrading conditions.
9.
Plaintiff-Petitioner, Derrick J. Washington says that he retained and paid his
attorney to file a “writ of habeas corpus.”
10.
Plaintiff-Petitioner, Derrick J. Washington says that as a result of the writ being
filed, he was released from incarceration on Tuesday February 12, 2013.
11.
Plaintiff-Petitioner, Derrick J. Washington says that on numerous occasions both
orally and in writing, including but not limited to April 24, 2013 and May 7, 2013, demands were
made on the Defendant-Respondents by Plaintiff-Petitioner or his attorney for the return of
unlawfully converted (see the 8th commandment) Plaintiff-Petitioner’s Taurus 38 special
revolver, serial number D010883.
12.
Plaintiff-Petitioner, Derrick J. Washington says Defendant-Respondents, under
color of law, refused to return Plaintiff-Petitioner’s Taurus 38 special revolver, serial number
D010883 and told him to go “file a replevin.”
13.
Plaintiff-Petitioner,
Derrick
J.
Washington
says
Defendant-Respondents,
including Officer Thomas Ward, under color of law, have informed Plaintiff and/or his agent that
it is not the policy of the Defendant-Respondent, City of Cleveland, to return handguns legally
belonging to citizens of the United States without compelling the citizen to incur the expense of
litigation.
14.
Plaintiff-Petitioner, Derrick J. Washington says Defendant-Respondent’s, City of
Cleveland, policy noted in Paragraph 13, is intentionally and maliciously designed to expropriate
firearms legally owned by the citizens of this United States and to circumvent the 2nd
Amendment to the Constitution of the United States and the U. S. Supreme Court’s decision in
the District of Columbia v. Heller, 554 U.S. 570 (2008).
15.
Plaintiff-Petitioner, Derrick J. Washington says Defendant-Respondent’s, City of
Cleveland, policy noted in Paragraph 13, is enforced in an arbitrarily, capricious and
discriminatory manner.
16.
Plaintiff-Petitioner, Derrick J. Washington says Defendant-Respondents, under
color of law, wrongfully, intentionally and maliciously continue to hold the Taurus 38 special
revolver, serial number D010883 belonging to Plaintiff-Petitioner, Derrick J. Washington and
refuses to return said personal property even though the handgun is not being held under any
process of law and is not claimed under title or legal right by any other party or entity.
Count I (Replevin)
17.
Plaintiff incorporates by reference all the allegations contained in paragraphs 1
through 16 inclusive.
18.
Plaintiff-Petitioner says he legally purchased the Taurus 38 special revolver,
serial number D010883, from Atlantic Gun & Tackle in or about February, 2011, see receipt
attached herein as Exhibit B.
19.
Plaintiff-Petitioner says Defendant-Respondents have kept this handgun, under
color of law, in the possession and control of Defendant-Respondents, Officer Thomas Ward
and City of Cleveland, at the Defendant-Respondent, City of Cleveland’s, Police Property
Room.
20.
Plaintiff-Petitioner
says
Defendant-Respondents
have
and
continue
to
wrongfully, unlawfully, knowingly, intentionally and maliciously exercise dominion and control
over Plaintiff-Petitioner’s Taurus 38 special revolver, serial number D010883 without color of
law.
21.
Plaintiff-Petitioner says that as a direct and proximate result of the foregoing
Plaintiff-Petitioner has suffered economic damages, including attorney fees, court costs and
has been deprived of the lawful possession of his handgun.
Count II (Civil Rights)
22.
Plaintiff incorporates by reference all the allegations contained in paragraphs 1
through 21 inclusive.
23.
Plaintiff-Petitioner says Defendant-Respondents search, arrest, and illegal
seizure of the Plaintiff-Petitioner’s property and person, the unlawful incarceration of the
Plaintiff-Petitioner and Defendant-Respondent’s, City of Cleveland, policy as noted in
Paragraph 13 have all denied Plaintiff-Petitioner, a citizen of the United States, of his rights,
privileges, and immunities under the Constitutions of the United States and Ohio and violated
42 U.S.C. 1983 et seq. specifically:
A) By intentionally and maliciously violating the 4th Amendment to the United States
Constitution and § 14 of the Constitution of the State of Ohio by depriving Plaintiff-Petitioner of
his right to be free from “unreasonable searches and seizures.”
th
B) By intentionally and maliciously violating the 5 Amendment to the United States
Constitution by depriving Plaintiff-Petitioner of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without just compensation.
C) By intentionally and maliciously, engaging in an unconstititutional official
government approved policy, thereby violating the 2nd Amendment to the United States
Constitution and § 4 of the Constitution of the State of Ohio by infringing on the PlaintiffPetitioner’s right “to keep and bear arms.”
24.
Plaintiff-Petitioner says that as a direct and proximate result of the foregoing
Plaintiff-Petitioner has suffered economic damages, including attorney fees, court costs and
emotional distress.
25.
Plaintiff-Petitioner says that there is no adequate remedy at law for wrongs done
the Plaintiff-Petitioner.
Count III (False Arrest & Incarceration)
26.
Plaintiff incorporates by reference all the allegations contained in paragraphs 1
through 25 inclusive.
27.
Plaintiff-Petitioner says that he was arrested, deprived of his liberty for
approximately three (3) days between February 9 and February 12, 2013 by the DefendantRespondent, Officer John Doe, during the course and scope of his employment with the
Defendant-Respondent, City of Cleveland.
28.
Plaintiff-Petitioner says that his arrest and detention were under color of law but
unlawful and without probable cause, resulting in the illegal deprivation of Plaintiff-Petitioner’s
liberty.
29.
Plaintiff-Petitioner says that his arrest and detention was made with the
knowledge that said arrest and detention was made under color of law and without probable
cause, resulting in the illegal deprivation of Plaintiff-Petitioner’s liberty.
30.
Plaintiff-Petitioner says that as a direct and proximate result of the foregoing
Plaintiff-Petitioner has suffered economic damages including attorney fees, a deprivation of his
liberty, court costs and emotional distress.
WHEREFORE Plaintiff-Petitioner prays for judgment on Count 1 against DefendantRepondents, jointly and severally in sum of Fifteen Thousand Dollars ($15,000.00) for
compensatory damages, plus the sum of Forty-Five Thousand Dollars ($45,000.00) as punitive
damages and an order requiring the Defendant-Repondents to return Plaintiff-Petitioner’s
Taurus 38 special revolver, serial number D010883 being held unlawfully, plus costs, interest
and reasonable attorney's fees.
WHEREFORE Plaintiff-Petitioner prays for judgment on Count 2 against DefendantRepondents, jointly and severally in sum of Fifteen Thousand Dollars ($15,000.00) for
compensatory damages, plus the sum of Four Hundred and Forty-Five Thousand Dollars
($445,000.00) as punitive damages and for an order enjoining the Defendant-Repondents from
enforcing any policy and/or actions that infringe upon a lawful gun owners right “to keep and
bear arms,” plus costs, interest and reasonable attorney's fees.
WHEREFORE Plaintiff-Petitioner prays for judgment on Count 3 against DefendantRepondents, jointly and severally in sum of Fifteen Thousand Dollars ($15,000.00) for
compensatory damages, plus the sum of Forty-Five Thousand Dollars ($45,000.00) as punitive
damages plus costs, interest and reasonable attorney's fees.
Law Office of J. Gary Seewald
By:___________________________
J. Gary Seewald (#0018276)
Attorney for Defendant
Hilliiard Building—3rd Floor
1419 West 9th Street,
Cleveland, Ohio 44113
(216) 781-8288 (Telephone)
(216) 781-1273 (Facsimile)
E-Mail: jngllwyr@apk.net