A civil rights lawsuit filed by a black man who claims he was assaulted by Euclid police officers has been removed from the docket of a Cuyahoga County Common Pleas Court judge.
Erimius Spencer’s suit was transferred this week to a federal court in Cleveland. The case has now been assigned to U.S. District Court Judge James S. Gwin.
Spencer, a 31-year-old Cleveland resident, filed the suit last month against the city of Euclid, former Euclid police officer Michael Amiott, current officer Shane Rivera and the owners of the apartment complex where he lived at the time.
Amiott, who is white, was fired in October from Euclid after dashboard camera video showed him repeatedly punching a different black man during a traffic stop.
Erimius Spencer’s lawsuit said Amiott and Rivera were moonlighting as security guards at his apartment building the previous December when they confronted him in a hallway, asking him if he had any warrants and whether he was armed.
Amiott reached into Spencer’s pocket and found a small amount of marijuana, grabbed him by the arm and shoved him against the wall while ordering him to stop resisting, Spencer said in the lawsuit. Spencer denies he was resisting the officer.
Amiott then kneed him in the groin and shoved him to the floor while Rivera jumped on his back and restrained his arms and legs, according to Spencer’s suit.
The lawsuit says Amiott kicked Spencer in the face when he called out for help and that both officers shocked him with stun guns before placing him in handcuffs.
Spencer was treated for a broken bone in his face.
He later was charged in Euclid Municipal Court with theft, resisting arrest, criminal damaging and drug abuse. Euclid eventually hired a special prosecutor, who dropped the first three charges in September. Spencer paid a fine for the drug charge.
In a statement, Fraternal Order of Police Lodge No. 18 President David Trend refuted Spencer’s claims and said the use of force by the officers was reasonable.
Trend said the two officers were working off-duty at the apartment complex because the “neighborhood had experienced some very serious and violent crime: burglaries, shootings, robberies and drug trafficking.”
He said the two officers encountered Spencer in the hallway and “immediately smelled raw marijuana.” After discovering and confiscating the drugs, Trend said Spencer attempted to grab it back from the officers. After being told he was under arrest, Trend said Spencer refused to comply with their commands to put his hands behind his back.
He said the officers punched Spencer several more times out of necessity before they were finally able to control him and take him into custody.
Amiott was fired in October from Euclid after video footage showed him repeatedly punching Richard Hubbard III during an August traffic stop. Amiott’s record in Euclid included a number of use-of-force complaints. According to his personnel file, he was reprimanded in 2016 for hitting a suspect with his gun and losing his temper in front of his commanding officer.
The Associated Press contributed to this article.
Previously
>> Family of Luke Stewart files civil rights lawsuit against the city of Euclid, police officers
>> Man accuses Euclid police of violating his civil rights during arrest
