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Verdicts & Settlements: Civil Rights

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Malicious prosecution, First Amendment retaliation

October 17, 2019

Gregory Lee Johnson went to the 2016 Republican National Convention in Cleveland, announcing he was going to protest then-candidate Donald Trump by burning an American flag. As Johnson and his group lit a flag in a so-called free speech zone, Cleveland police stepped in to extinguish the burning flag and arrest Johnson. Although Johnson was charged with assault, the charge was later dismissed.

Johnson sued the city, alleging malicious prosecution under state law and First Amendment retaliation claims. The plaintiff claimed that extinguishing the flag was an intentional violation of his civil rights and that before the protest, the defendant had tweeted its intention to “take care of” any flag burning at the convention.

The defense argued that its police officers had extinguished the fire to protect Johnson’s safety.

The parties settled for $225,000.

Citation: Johnson v. City of Cleveland, No. 1:18-cv-00076 (N.D. Ohio June 6, 2019).

Plaintiff counsel: Ashlie Case Sletvold, Subodh Chandra, and Brian Bardwell, all of Cleveland.