RICKY JACKSON (17-3840); KWAME AJAMU, FKA RONNIE BRIDGEMAN, AND WILEY EDWARD BRIDGEMAN (17-3843) v. CITY OF CLEVELAND; JEROLD ENGLEHART; KAREN LAMENDOLA, GUARDIAN AD LITEM ON BEHALF OF FRANK STOIKER; ESTATE OF EUGENE TERPAY, ADMINISTRATOR; - Articles

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Posted by: Stacey Shrader Joslin on May 20, 2019

Head Comment: ESTATE OF JAMES T. FARMER, ADMINISTRATOR; ESTATE OF JOHN STAIMPEL, ADMINISTRATOR

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Elizabeth C. Wang, LOEVY & LOEVY, Boulder, Colorado, for all Appellants. William M. Menzalora, CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland. Stephen W. Funk, ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellees Karen Lamendola and the Estates of Eugene Terpay, James Farmer, and John Staimpel.

Attorneys 2:

ON BRIEF: Elizabeth C. Wang, LOEVY & LOEVY, Boulder, Colorado, for Appellant Ricky Jackson. Terry H. Gilbert, Jacqueline C. Greene, FRIEDMAN & GILBERT, Cleveland, Ohio, David E. Mills, THE MILLS LAW OFFICE LLC, Cleveland, Ohio, for Appellants Kwame Ajamu and Wiley Bridgeman. William M. Menzalora, CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland. Stephen W. Funk, ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellees Karen Lamendola and the Estates of Eugene Terpay, James Farmer, and John Staimpel.

Judge(s): ROGERS and BUSH, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Cleveland

JOHN K. BUSH, Circuit Judge. Appellants Ricky Jackson, Wiley Bridgeman, and Kwame Ajamu served a long time in prison for a crime they did not commit. For Jackson, it was thirty- nine years; for Bridgeman, thirty-seven years; for Ajamu, twenty-five years. They each spent close to two and a half of those years on death row.

These men cannot get back any of the time they lost or erase the things they experienced. The best they can hope for is a remedy of damages under 42 U.S.C. §1983 and Ohio law. This appeal concerns whether their complaints state sufficient facts for certain claims not to be dismissed and whether the men have presented enough evidence for other claims to overcome summary judgment.

In 1975, Jackson, Ajamu, and Bridgeman were convicted of murder. Their convictions were based largely on the purportedly eyewitness testimony of Edward Vernon, who then was thirteen years old. In 2014, nearly forty years later, Vernon recanted, disclosing that police officers had coerced him into testifying falsely. Vernon’s recantation led to the overturning of appellants’ convictions.

The exonerated men filed suit in the Northern District of Ohio, alleging § 1983 claims based on alleged violations of their constitutional rights by the officers and the City of Cleveland (“Cleveland”), along with state-law claims for indemnification against Cleveland. This appeal requires us to untangle a knot of legal issues surrounding the district court’s grant of appellees’ motions for judgment on the pleadings and for summary judgment and its denial of appellants’ motions to amend their complaints. We AFFIRM the district court’s grant of summary judgment as to the § 1983 claims based on conspiracy, but we REVERSE and REMAND the district court’s (1) judgment on the pleadings as to the indemnification claims; (2) denial of appellants’ motions to amend their complaints to substitute the administrator of the estates of the deceased officers as a party in their place; (3) summary judgment as to § 1983 claims arising from violations of Brady v. Maryland, 373 U.S. 83 (1963), fabrication of evidence, and malicious prosecution; and (4) summary judgment as to claims against Cleveland based on Monell v. Department of Social Services, 436 U.S. 658 (1978).

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