Filed Date: June 26, 2002
Closed Date: 2006
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On March 31, 2003, an African American male, filed a class action lawsuit alleging racial discrimination under 42 U.S.C. §§1981, 1988 and violations of Equal Protection under 42 U.S.C. §§1983, 1988 against the City of Cleveland in the United States District Court, Northern District of Ohio, Eastern district. The plaintiff, represented by private counsel, asked the Court for an injunction preventing the promotion of any firefighters from the June 28, 2002 examination process, the promotion of black and African-American firefighters, damages in an amount relating to loss of pay resulting from duty assignments and promotions not made for black or African-American firefighters, statutory damages, damages for spoliation of evidence, punitive damages, compensatory damages, attorneys fees, costs, and any expert fees, alleging that there was a persistent practice of racial discrimination that caused a hostile work environment and prevented promotions and better assignments.
According to the plaintiffs, the Defendant committed various acts and omissions relating to disparate treatment in assignments, maintaining a racially hostile environment, and disparate treatment in disciplinary actions which have constituted violations according to the 14th Amendment of the United States Constitution.
On November 8, 2005, Plaintiffs won a jury verdict on their disparate impact discrimination and hostile environment claims. Following trial the parties met
In the judge's chambers and reached a settlement which was read into the record but never reduced to writing.
Plaintiffs moved to enforce the Settlement Agreement on June 21, 2006, and on July 13, 2006, the Magistrate (Mag. Judge Hermann) filed a report and recommendation in favor of enforcement. The Court (Judge James Gwin) adopted the Magistrate's recommendation on November 13, 2006 and ordered the relief sought.
On January 26, 2007, the District Court, (Judge James Gwin) dismissed the case with prejudice.
Summary Authors
Caitlyn Clarke (3/20/2008)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5644991/parties/luke-v-city-of-cleveland/
Bishop, Christy (Ohio)
Arendt, Michelle (Ohio)
Barnard, Thomas (Ohio)
Bixenstine, Barton (Ohio)
Diemert, Joseph (Ohio)
See docket on RECAP: https://www.courtlistener.com/docket/5644991/luke-v-city-of-cleveland/
Last updated April 19, 2025, 11:25 a.m.
State / Territory: Ohio
Case Type(s):
Special Collection(s):
Private Employment Class Actions
Key Dates
Filing Date: June 26, 2002
Closing Date: 2006
Case Ongoing: No
Plaintiffs
Plaintiff Description:
a class of employees and former employees of the city of Cleveland who, within the applicable liability period, have worked as firefighters and are black or African-American
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
Discrimination Area:
Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Race(s):
Affected Sex/Gender(s):