City of Cleveland to Pay $2.25 Million to Family of Daniel Ficker, Killed by Cleveland Police in 2011
This lawsuit was filed by Daniel Ficker's family in the right for justice after Daniel's 2011 death due to an unjustified, illegal encounter pursued by Cleveland police Matthew Craska and David Mindek. The lawsuit demanded accountability for Craska killing Daniel, for Mindek's misconduct, and for the City of Cleveland's policies, practices, and customs that gave rise to Craska's and Mindek's illegal acts.
Background
When he arrived at home after a Fourth of July party with Tiffany Urbach, his girlfriend and the mother of his two children, Daniel Ficker was accosted by off-duty and out-of-jurisdiction Cleveland police officers Matthew Craska and David Mindek. Mindek had recruited Craska to harass Daniel about his unfounded suspicion that Daniel stole jewelry during a party earlier in the day, where Daniel and Tiffany had been in attendance as family members of Mindek's. Mindek and Craska illegally pursued Daniel outside the city limits of Cleveland, into Parma, Ohio, and Craska physically attached Daniel. As Daniel attempted to flee to safety inside his home, Craska tased, beat, and then shot Daniel, killing him. Mindek stood by, and failed to prevent Craska from using excessive force and unlawfully killing Daniel. Subsequent investigation showed that Daniel had not stolen anything at Mindek's party. Daniel left behind two young children, his girlfriend, Tiffany, and his parents. Daniel's family fought tirelessly for justice after his death.
Approach & Resolution
Friedman, Gilbert + Gerhardstein filed a civil rights lawsuit on behalf of Daniel's family in 2012. Daniel's mother, Bernadette Rolen, served as the Plaintiff and administrator of his estate. The lawsuit targeted Craska and Mindek for violating Daniel's constitutional rights and named the City of Cleveland as a defendant for its policies, practices, and procedures that gave rise to Craska's and Mindek's fatal misconduct.
The case went on for years, but after the Sixth Circuit Court of Appeals upheld a trial court decision that would allow the case to go to trial, the City of Cleveland settled the case for $2.25 million.
Daniel's family continues to raise awareness about police misconduct and unjustified police shootings today.