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Thread: City of Cleveland Doesn't Have to Pay $13.2 M Judgment to wrongfully convicted man

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    Post City of Cleveland Doesn't Have to Pay $13.2 M Judgment to wrongfully convicted man

    Ohio Supreme Court Rules City of Cleveland Doesn't Have to Pay $13.2 Million Judgment to Wrongfully Convicted Man

    In a 6-1 ruling this week, the Ohio Supreme Court decided the city of Cleveland does not owe a wrongfully convicted man the $13.2 million judgment he won against two Cleveland police officers who framed him for a murder. A creditor, in this case David Ayers, can't force a state actor to indemnify an employee if the employee doesn't request it, the court ruled. Ayers spent 11 years in prison after being wrongfully convicted of killing a 76-year-old woman in 1999 in a CMHA high-rise where he worked as a security guard. He was sentenced to life without parole but won his exoneration after pubic hairs found on the victim's body failed to match his DNA. His lawyers also proved that the two detectives who worked the case Denise Kovach and Michael Cipo made false statements in search warrants, forced a friend of his to sign a false affidavit and generally "conspired to violate [Ayers'] civil rights," as an appellate judge would note in 2013 when Ayers brought a federal lawsuit against them. But rather than indemnify per state law in that case, the city of Cleveland paid for the officers to enter bankruptcy paying not only for their legal representation, but for their filing fee. Cipo died in 2013, but Kovach's bankruptcy sailed through the courts, listing the $13.2 million judgment as a debt but not indicating that she had the right to indemnification for the amount. And with that, Ayers' hard-fought slice of justice was wiped away.

    Wow, is this bad public policy?


    https://www.clevescene.com/scene-and...-convicted-man

    OHIO SUPREME COURT OPINION: https://www.supremecourt.ohio.gov/ro...-Ohio-1047.pdf


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    Last edited by DGUtley; 03-27-2020 at 06:30 AM.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    I would think the city (and or state) could also escape liability by claiming the two detectives were not acting within their officials duties-- committing a criminal offense (framing a suspect) is not considered in the course of official duties. If the city knew these two detectives were crooked prior to this incident and didn't take appropriate action that could make the city liable.

    The two detective are personally liable.
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    I added a link to the opinion in the OP.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    The State imprisoned an innocent man for 11 years. That is not all they took from him. His life will never be what it was or could have been before this happened.

    The surviving cop, the prosecutor who handled the case, anyone involved in locking this man away should be hanged in public and their bodies left to rot. The state should be required to pay him a pension for the rest of his life, not millions of Dollars, but enough to live comfortably on as well as a lump sum accrued over the time he was locked up.
    "All laws which are repugnant to the Constitution are null and void." Marbury Vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803). "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda Vs. Arizona, 384 US 436 p. 491.

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    The government, on any level, is evil and corrupt to the core. And lol at our justice system having anything to do with justice. What a disgrace.

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    Quote Originally Posted by Cletus View Post
    The State imprisoned an innocent man for 11 years. That is not all they took from him. His life will never be what it was or could have been before this happened. The surviving cop, the prosecutor who handled the case, anyone involved in locking this man away should be hanged in public and their bodies left to rot. The state should be required to pay him a pension for the rest of his life, not millions of Dollars, but enough to live comfortably on as well as a lump sum accrued over the time he was locked up.
    Ohio has a process for that.


    Quote Originally Posted by The Xl View Post
    The government, on any level, is evil and corrupt to the core. And lol at our justice system having anything to do with justice. What a disgrace.
    I thought of you when I made this thread.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    Quote Originally Posted by DGUtley View Post
    Ohio has a process for that.




    I thought of you when I made this thread.
    $#@! like this is why I have such a problem with it. Corruption and zero accountability or justice. Disgraceful.

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    Quote Originally Posted by The Xl View Post
    $#@! like this is why I have such a problem with it. Corruption and zero accountability or justice. Disgraceful.
    Here the corruption was the two detectives.
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    Quote Originally Posted by Peter1469 View Post
    Here the corruption was the two detectives.
    They work for the state, so the state needs to be held accountable. And it's not like the state is going to hold these two detectives or the prosecutor accountable, either.

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    Quote Originally Posted by The Xl View Post
    They work for the state, so the state needs to be held accountable. And it's not like the state is going to hold these two detectives or the prosecutor accountable, either.
    Usually if an employee is acting outside the scope of his employment his employer is not liable for his actions. Committing a crime, in this case framing a suspect, is not considered to be action within the scope of employment. If a post man was driving the mail truck drunk and hit someone, that would not be considered in the scope of his duties.

    There may be an exception here since they were sworn LEOs.
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