Case: Luke v. Cleveland

1:02-cv-01225 | U.S. District Court for the Northern District of Ohio

Filed Date: June 26, 2002

Closed Date: 2006

Clearinghouse coding complete

Case Summary

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 bl…

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 recommmendation 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)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5644991/parties/luke-v-city-of-cleveland/


Judge(s)

Gwin, James S. (Ohio)

Hemann, Patricia A. (Ohio)

Attorneys(s) for Plaintiff

Bishop, Christy (Ohio)

Thompson, Dennis (Ohio)

Attorneys(s) for Defendant

Arendt, Michelle (Ohio)

Barnard, Thomas (Ohio)

Bixenstine, Barton (Ohio)

Diemert, Joseph (Ohio)

Gibbons, Kevin (Ohio)

Hastings, L. Stewart (Ohio)

Judge(s)

Gwin, James S. (Ohio)

Hemann, Patricia A. (Ohio)

Attorneys(s) for Plaintiff

Bishop, Christy (Ohio)

Thompson, Dennis (Ohio)

Attorneys(s) for Defendant

Arendt, Michelle (Ohio)

Barnard, Thomas (Ohio)

Bixenstine, Barton (Ohio)

Diemert, Joseph (Ohio)

Gibbons, Kevin (Ohio)

Hastings, L. Stewart (Ohio)

Huff, Leslye (Ohio)

Marquit-Renwald, Amy (Ohio)

Menzalora, William (Ohio)

Monegan, Theodora (Ohio)

Rossiter, Britt (Ohio)

Documents in the Clearinghouse

Document

1:02-cv-01225

Docket [PACER]

Jan. 31, 2007

Jan. 31, 2007

Docket
75

1:02-cv-01225

Third Amended Complaint

March 31, 2003

March 31, 2003

Complaint
86

1:02-cv-01225

Answer to Third Amended Compaint

April 24, 2003

April 24, 2003

Pleading / Motion / Brief
243

1:02-cv-01225

Opinion [Westlaw]

2005 WL 2245187

Aug. 22, 2005

Aug. 22, 2005

Order/Opinion
250

1:02-cv-01225

Opinion [Westlaw]

2005 WL 2245239

Aug. 25, 2005

Aug. 25, 2005

Order/Opinion
354

1:02-cv-01225

Order

Oct. 12, 2005

Oct. 12, 2005

Order/Opinion
353

1:02-cv-01225

Order

Oct. 12, 2005

Oct. 12, 2005

Order/Opinion
434

1:02-cv-01225

Judgment

Luke v. City of Cleveland

Nov. 10, 2005

Nov. 10, 2005

Order/Opinion
488

1:02-cv-01225

Opinion [Westlaw]

2006 WL 625827

March 8, 2006

March 8, 2006

Order/Opinion
503

1:02-cv-01225

Motion to Enforce Settlement Agreement, Back Pay and for Post-Judgment Interest

Luke v. City of Cleveland

June 21, 2006

June 21, 2006

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5644991/luke-v-city-of-cleveland/

Last updated Aug. 14, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
471

Report and Recommendation that defendants' motion for attorney fees and related expenses be overruled. Signed by Judge Patricia A. Hemann on 2/9/2006. (W, Gloria)

Feb. 9, 2006

Feb. 9, 2006

RECAP
488

Order signed by Judge James S. Gwin on 3/8/06 adopting the Report and Recommendation and denying the motion of Defendants Gerald Barrett and Barrett & Associates, Inc., for attorney fees and related expenses. (Related Docs. 443 , 456 , 461 , 471 ) (M, G)

March 8, 2006

March 8, 2006

RECAP
515

Report and Recommendation that the court enforce the terms of the settlement agreement as articulated by plaintiffs. The magistrate judge further recommends that the court grant plaintiffs' request for postjudgment interest but deny the request for attorneys' fees. Signed by Judge Patricia A. Hemann on 7/21/2006. (W, Gloria)

July 21, 2006

July 21, 2006

RECAP
527

Order signed by Judge James S. Gwin on 11/13/06 adopting the Report and Recommendation of Magistrate Judge Hemann. The Court enforces the terms of the settlement agreement as articulated by plaintiffs, grants post-judgment interest and denies plaintiffs' request for attorney fees. (Related Doc. 509 , 510 , 515 , 516 , 517 , 520 ) (M, G)

Nov. 13, 2006

Nov. 13, 2006

RECAP
529

Report and Recommendation. The magistrate recommends that the court grant plaintiffs' motion for backpay. re 525 . Signed by Judge Patricia A. Hemann on 12/5/2006. (W, Gloria)

Dec. 5, 2006

Dec. 5, 2006

RECAP
530

Order signed by Judge James S. Gwin on 1/5/07 adopting the Report and Recommendation and granting plaintiffs' motion for back pay from the settlement date. (Related Doc. 525 , 526 , 529 ) (M, G)

Jan. 5, 2007

Jan. 5, 2007

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

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):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Cleveland, City

Defendant Type(s):

Fire

Case Details

Causes of Action:

42 U.S.C. § 1981

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female

Male