Trial Magazine

Arnold Black, 45, was stopped in his Chevy Silverado by two East Cleveland officers, one a uniformed patrolman and one a plainclothes detective. The officers handcuffed Black, positioned him on the bumper of the truck, and searched his vehicle for drugs. Black was unable to answer the detective’s questions about drug sales in the city, prompting the detective to strike him repeatedly on the head and face. The detective then ordered that Black be taken to the East Cleveland jail, where he was held in a ­windowless storage area for the next four days without access to bedding, food, or ­bathroom facilities. Black was later released.

As a result of his experience, Black required surgery to remove dried blood clots from his brain. He is withdrawn and depressed.

Black sued the city of East Cleveland and several of its officers, alleging violation of 42 U.S.C. §1983 for the defendants’ breach of his Fourth Amendment right to be free of unreasonable search and seizure. The plaintiff claimed that the city had a policy and custom of physical beatings during routine traffic stops. Suit did not claim lost income or medical expenses.

After a jury awarded $22 million in a 2016 trial, an appellate court ­overturned the verdict and remanded the case for a new trial. Another jury then awarded $50 million.

Citation: Black v. Hicks, No. CV-14-826010 (Ohio Ct. Com. Pl. Cuyahoga Cnty. Aug. 15, 2019).

Plaintiff counsel: AAJ members Robert F. DiCello and Justin Hawal, both of Mentor, Ohio.