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.

Caitlyn Clarke - 03/20/2008


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