30 N.E.3d 1059 (Ohio Mun. 2014), 2014 CVI 04442, Holcomb v. Oliver

Docket Nº:2014 CVI 04442
Citation:30 N.E.3d 1059
Opinion Judge:MARILYN B. CASSIDY, Judge.
Party Name:EARL HOLCOMB, PLAINTIFF v. NELSON OLIVER, DEFENDANT
Attorney:Plaintiff, Pro se. Defendant, Pro se.
Case Date:July 08, 2014
Court:Municipal Court of Ohio
 
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Page 1059

30 N.E.3d 1059 (Ohio Mun. 2014)

EARL HOLCOMB, PLAINTIFF

v.

NELSON OLIVER, DEFENDANT

2014 CVI 04442

Cleveland Municipal Court, Ohio

July 8, 2014

Plaintiff, Pro se.

Defendant, Pro se.

OPINION

MARILYN B. CASSIDY, Judge.

This case was called for a Small Claims trial on May 27, 2014 before Magistrate William F.B. Vodrey. Plaintiff and defendant both appeared and were duly sworn in to testify. The magistrate's findings of fact and conclusions of law are hereby approved and confirmed.

Findings of Fact

This is a case about a Cleveland Police Department officer who believes that a motorist lied in filing a Citizen Complaint Form about him with the Office of Professional Standards (hereinafter " OPS" ).

The evidence at trial showed that plaintiff has been a Cleveland police officer for twenty years. At approximately 2:25pm on May 25, 2013, he was conducting traffic enforcement at the intersection of Ontario and Superior in downtown Cleveland. He noticed defendant make an improper turn east onto Superior. Defendant's car, a 1968 Chevrolet Impala, had a historic vehicle plate on its front bumper, and plaintiff suspected that defendant was not driving it for an exposition, festival, parade or car club meeting, which were, as he understood the law, the sole purposes for which historic plates may be displayed. R.C. 4503.181. Plaintiff, who was in a marked zone car, pulled defendant over. He cited defendant for improper use of historic plates but decided not to cite him for the improper turn.

Defendant subsequently filed an OPS complaint, alleging that plaintiff wrongfully

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pulled him over, drew a sidearm, and racially profiled him (although both parties are black). He requested that plaintiff be " formally reprimanded and... put through additional training." Plaintiff denied any wrongdoing in making a traffic stop of defendant. At a bench trial before Judge Pinkey S. Carr of this court, defendant was convicted as charged. Defendant did not appeal his conviction, but withdrew his OPS complaint. He testified at trial in the case now before this court that, although the details of his complaint were still accurate and true, he became convinced that the OPS's Civilian Police Review Board would do nothing in light of his conviction by Judge Carr.

On September 25, 2013, plaintiff applied for assignment to the...

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