Police Abuse

Octogenarian Couple Claims Violent Home Invasion by Cleveland Clinic Cops, Appeals Court Rules Lawsuit Can Move Forward

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A couple in their eighties in Cleveland is suing the police department of Cleveland Clinic over a 2011 incident where cops followed their 38-year-old son home over minor traffic violations allegedly without turning their sirens or lights on.

A federal judge dismissed the couple's lawsuit in January 2013, but an appeals court ruled on Monday that the couple's claims of illegal home entry and intentional infliction of emotional distress could move forward even as it sided with the federal judge in dismissing the son's and the couple's assault claims because of limits placed by the 1994 Supreme Court decision Heck v. Humphrey.

Here is the appeals court's telling of the couple's claims:

Plaintiffs allege that Aaron Hayward was driving home from his parents' store early in the morning, around 4:00 a.m. on January 23, 2011, when a CCPD SUV pulled up behind him and followed him until he turned into his driveway and parked his car. Up to this point, the officer's marked SUV neither sounded a siren nor flashed its lights. The officer yelled, "Hey you, come over here, boy," at Aaron as he exited his car and entered the home that he shared with his parents, Annie and Essex Hayward. (R. 1, Compl., at 12.)1 Defendants admit that up to the time Aaron entered the home, it was not communicated to Aaron that he was under arrest.

When Aaron ignored the officer's order, the officer radioed for additional help, claiming that he was attempting to make a traffic stop, but did not indicate that there was any danger to himself or any individuals inside the home. Approximately ten to fifteen minutes later, five additional officers arrived at the scene. They began pounding on the Haywards' front door, demanding that they "open the fucking door." (R. 30, Second Am. Compl., at 477.) Plaintiffs Annie and Essex Hayward awoke to the sounds of the pounding on the door. Once downstairs, they saw blue and red flashing lights and several men who appeared to be police officers. Plaintiff Essex Hayward opened the main, wooden door to their home and Defendants continued trying to force their way through the outer security door. At that time, realizing that the men were Cleveland Clinic security officers, Essex Hayward mentioned calling the actual Cleveland police to their home. At some point during this encounter, Plaintiffs realized that the officers were wearing police badges depicting the Ohio state seal.

Plaintiffs shut the main, wooden door once again and Defendants forced open the outer security door by breaking its glass. At this time, the outer security door now ajar, Aaron used his foot and body to prevent the officers from breaking down the main door. So the officers became more aggressive in attempting to enter the home. They used the butt of a shotgun to shatter the main door's small window. Once that occurred, Annie and Essex called 911. One of the officers then stuck a taser through the shattered window and blindly fired into Plaintiffs' home. Eventually, Defendants struck Aaron with taser probes, which he was able to remove from his body. The officer blindly deployed the taser for a second time, striking Aaron again and this time causing him to fall to the ground. Once Aaron was no longer pressed up against the wooden door, Defendants broke through the main door and poured into Plaintiffs' home. They tased Aaron again to gain control, as he continued struggling to defend and protect himself and his parents. Defendants then dragged Aaron outside to the driveway, where they allegedly beat him with their batons, kicked him in the head and other parts of his body, stunned him with a taser, and called him a "black nigger" before they handcuffed and officially arrested him. (Id. at 469.) Plaintiffs claim that Aaron was tased altogether in excess of thirty seconds.

At this point, the officers demanded identification from Annie and Essex. After Essex questioned their demand, at least one of the officers threatened to punch Annie and Essex in the face, break their teeth, and take them to jail if they failed to comply with the order and present identification.

The appeals court did find that the couple had pleaded enough facts to make a plausible claim that the police's action "was so extreme and outrageous as to go beyond all possible bounds of decency and was such that it can be considered as utterly intolerable in a civilized community."

The Cleveland Clinic Police Department is apparently the third largest police force in Northeast Ohio and, according to the department, each year getting more than 100,000 calls, making 230 arrests, and more than 180 traffic stops.

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  1. So….. no waiting until Friday for the usual nut punches, eh?

  2. What I would like to know is why the Cleveland Clinic has its own force of pigs. I’ve never understood it.

    1. What the Fuck is a Cleveland Clinic?

      1. A hospital. So of course they have their own police force.

        1. It’s nice when a hospital has the means to reach out and find its own patients.

          1. “Vertical Integration”

            I’ve watched too much 30 Rock.

      2. It’s a hospital near Millionaire’s row, which is a neighborhood of run down mansions that was, ten years ago, so dangerous that I wouldn’t venture out of my car there after the sun set.

        1. It’s like 30 blocks away from the old Millionaire’s Row. And only something like 4 of the mansions are left, in any case.

          I drive through the Clinic at night semi-regularly. You shouldn’t get out of the car now.

          1. Well of course not, *you* drive through there at night.

      3. Perhaps the best hospital in the entire world…

        1. ….next to The University hospitals….

          *runs*

      4. Sounds like it’s just another name for a Cleveland Steamer.
        http://www.urbandictionary.com…..=cleavland steamer

        1. Or more like a Pittsburgh Platter http://www.urbandictionary.com…..gh+Platter

        2. Or a Pittsburgh Puffer
          http://www.urbandictionary.com…..rgh+puffer

      5. It’s one of the country’s most prestigious hospitals. Unfortunately, the cops aren’t of the same caliper.

    2. It’s just another way for Cleveland to let you down.

      1. First Euclid street, now this… *sigh

    3. All these hospitals and universities generally have their own security, but their ‘jurisdiction’ is limited to campus grounds. What the hell business does a hospital security goon have enforcing traffic off site, or breaking into homes to ‘apprehend suspects’?

      I almost think calling the regular local PD would have been the right move, but have read enough of these to know better

      1. From a three-year-old media release:

        The mission of the department is to provide a safe and secure environment which supports and enables the delivery of world-class healthcare throughout the Cleveland Clinic health system.

        It seems to occupy a large area which includes a number of public streets. So I assume it IS the local PD:

        http://my.clevelandclinic.org/…..fault.aspx

      2. What the hell business does a hospital security goon have enforcing traffic off site, or breaking into homes to ‘apprehend suspects’?

        I worked at a hospital that had its own police force. I remember firing one or two who were playing cop off campus, at a nearby 7-11, if memory serves. I don’t think our cops ever tried to enforce moving vehicle violations, either.

        These guys should be so fired.

        1. Well, I was once told when asking about UConn cops that they were technically state police because UConn was a state school and therefore their cops had jurisdiction everywhere, amazingly. I’m not sure if the person was correct, but maybe something similar could apply here? Is Cleveland Clinic private, or run by the city/state?

          1. It’s private. I’m sure it’s some sort of bullshit nonprofit, but it’s definitely private.

            Remember, this is the city that managed to catch a serial killer by…ignoring his neighbors for years when they told the police that he was a serial killer. I suspect they might not do such a good job of running a hospital.

            1. Rice university in Houston has a police force commissioned as state officers. They do contract enforcement for surrounding neighborhoods I think. Mostly they just round up drunk students and take them back to the dorms.

          2. The campus cops at Memphis State were so despised by the local cops that they would not run out of state plates for them (I guess the campus cops could run local plates themselves). The upshot of this is that I was able to park with impunity.

            I bet I must have had at least a hundred parking tickets when I left there. It was great.

            On the other hand, the local cops were more than willing to roll with the campus cops when it came to breaking up house parties.

      3. That’s what I’m saying. The Clinic police will pull you over for speeding or for not having your headlights on, which is WTF enough. For them to follow you home and beat you up over it is extra WTF.

        1. Warty, is this you?

          Cuz that, good sir, is epic.

          1. The link goes nowhere. Are you suggesting Warty is nothing? He will make a toilet out of your bones.

            1. And a bidet of his skull.

            2. No man needs nothing.

              1. Did you see the video? Fatty was too much of a pussy to whip out his dong and properly piss on Art’s stone. Instead, he rigged up a catheter contraption like he was a trucker and dribbled a little piss on some bushes kinda sorta near the grave. Which somehow makes it even better. A+ conception, A+ execution.

                1. So it’s clearly not you then. THE DOOMCOCK would dangle 6 feet, three inches above Art’s head.

          2. Wisdom is knowing I am nothing, love is knowing I am everything, and between the two is my dong.

            1. And happiness is knowing that the parking garages are full of women who can’t find their keys.

              1. Happiness is a warm none. Or is that nun?

  3. What, no dog?

    Not gonna get through my Reason-developed nut calluses, then.

  4. This made my shitty day shittier.

    1. What Cytotoxic said

  5. Jesus fucking CHRIST this has been one nut-punch-filled week.

    For a magazine called DRINK….I mean…never mind…

  6. This is just anecdotal, and Reason should really spend more time reporting all the good things cops do, right Lynchpin?

    1. Isolated incident! Bad apple! Uhhh….officer safety! um…I got nothin’ more…

      1. #notallcops

  7. OT: Has anyone ever heard of a publishing site named Liberty Island? I just sort of stumbled onto it.

    Liberty Island

    I can’t figure out whether it’s more conservative or libertarian, I was just looking for something to read.

    1. Can’t take it seriously. The front page looks too much like windows 8.

      1. Oh, you guys and your Win8 phobia!

  8. It was a little early in the day for them to already be in the mood to take out some aggression on a civilian.

    1. Donut shop opened early and they were all hopped up on Krispy Kremes?

  9. Waiiit a minute. That’s not a Cleveland Clinic police car in the picture. That’s a CMHA police car. God DAMN it, Krayewski.

      1. I was kidding. It doesn’t really matter. But for what it’s worth, the Clinic police cars look like this.

        1. Love their slogan: “Excellence In Policing”.

          Because tasing, beating and threatening to knock old folks’ teeth out of their heads before arresting them truly represents “excellence” in LE these days.

          1. No no, it’s in scare quotes. “Excellence in Policing”. Wink, wink. “Excellence” in “policing”. Nudge, nudge.

            1. WARTY NUDGED ME!!!11!!

              *Flees screaming in terror*

  10. I hope the Haywards prevail and receive some sort of justice.

    (And that their lawsuit includes Dr. Toby Cosgrove, who heads the Cleveland Clinic and is also a flaming fascist asshole.)

  11. great. now rent-a-cops get to run wild too.

  12. fucking jurisdictions. how do they work?

  13. I AM A GOLDEN GOD

  14. The officer yelled, “Hey you, come over here, boy,” at Aaron as he exited his car and entered the home

    What the fuck? Why wouldn’t you immediately run into the safety of your home and barricade yourself in? You have no idea what this lunatic might do to you.

    1. Think the officer might be a little racist, ya think?

  15. How many complaints? Sounds like a department out of control.

  16. I always thought there was something wrong about Cleveland, and it’s now confirmed that they have their own “clinic”, which is more screwed up than Cleveland is.

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