Garfield Heights settles First Amendment lawsuit over arrest where suspect made fun of officers

Cleveland.com – by Eric Heisig

CLEVELAND, Ohio — The city of Garfield Heights agreed to pay $80,000 to settle a federal lawsuit filed by a resident who said police fabricated a story that he threatened officers, when he actually just laughed and insulted them.

Robert Spencer’s settlement also requires the city to train its officers on the First Amendment and how it applies to their job, as well as on limitations on forced labor by inmates, according to a news release from Spencer’s lawyers at The Chandra Law Firm in Cleveland. The settlement agreement says the training must take place within six months. 

The city also agreed to provide training materials and attendance records to the law firm for advance approval, according to the release.

Spencer, 30, was arrested by officers Kenneth Falzini and David Simia in July 2017 after the officers said he threatened and shoved one of them and resisted arrest. A jury later acquitted him of the charges, including assault and aggravated menacing.

He claimed in a lawsuit filed in July that he was never aggressive with the officers. A video shot by his girlfriend also appeared to contradict some of the assertions officers made about Spencer’s arrest in police reports.

It showed Spencer insulting the officers, referring to them as “Beavis & Butthead” and “Elvis.” Spencer also tells the officers at one point “and y’all got the motherf—–g right to remain rank.”

His lawyers said the word “rank” means to make fun of someone.

The video, in which children can be seen and heard in the background, also has Spencer’s girlfriend telling officers that Spencer never threatened harm and that he was just “out here talking bullsh–t with the kids.”

Spencer, who has prior felony convictions on weapons charges, said in his lawsuit that the case against him was fabricated because he dared to laugh and make fun of police officers and that he “was arrested and prosecuted for laughing while black.”

The lawsuit said that once Spencer was handcuffed and in the patrol car, Simia told him, “All you had to do was shut the f–k up. We weren’t even going to arrest you.”

Spencer was in jail for three days before he posted bond. While in there, an unnamed female corrections officer forced him to clean his and other cells, according to the suit. He objected but said he relented after the officer threatened to use pepper spray on him.

His lawyer, Patrick Kabat, said in the news release that “we commend Garfield Heights for promptly committing to addressing the issues Mr. Spencer’s ordeal exposed.”

Garfield Heights Law Director Tim Riley did not respond to an email seeking comment.

Spencer is currently awaiting trial in two separate felony cases in Cuyahoga County Common Pleas Court, facing charges of failure to comply, obstructing official business and drug possession and trafficking.

https://www.cleveland.com/court-justice/2018/12/garfield-heights-settles-first-amendment-lawsuit-over-arrest-where-suspect-made-fun-of-officers.html

One thought on “Garfield Heights settles First Amendment lawsuit over arrest where suspect made fun of officers

  1. Do they honestly believe that “training” will change the behavior of these gestapo thugs? They are a gang of power-tripping psychos with badges and guns. I wouldn’t be surprised if this “training” is done by Israeli Mossad agents.

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