A potential homebuyer and his realtor filed a lawsuit in federal court yesterday against the City of Cincinnati over an incident in which the two were allegedly handcuffed by Cincinnati Police while legally inspecting a house that was for sale.
According to the lawsuit filed by attorney Chris Finney, Anthony Edwards and his realtor Jerry Isham were scheduled to the view the house at 1093 Morado Drive in West Price Hill last Nov. 17 and gained entry via a key left in a lockbox at the front door.
As they entered, a neighbor and former police officer named Thomas Branigan called Cincinnati Police to report them breaking and entering.
“I just seen two black male subjects force the front door open,” Branigan, who is white, told police according to the lawsuit.
Branigan also indicated that the house was for sale and that he did not see either man with a weapon, but that he himself did have a firearm.
Three CPD officers — Dustin Peet, David Knox and Rose Valentino — responded to the call. Peet and Knox arrived first, with Knox going around the left side of the house and Peet waiting out front, the lawsuit states. Valentino arrived shortly afterward and went around the right side of the house.
Peet saw Isham and Edwards through the front window of the house and commanded them to come out. As they complied, the lawsuit states, Valentino unholstered her firearm and pointed it at the two.
The lawsuit includes a body camera still that appears to show Valentino pointing a weapon, either a firearm or a taser.
Edwards told the officers that he was there to see the house and that Isham is a real estate agent. Valentino put Isham in handcuffs “until they can confirm” that story, according to the suit.
“Edwards proceeded, with passion, to raise the racial aspects of the engagement, claiming they would have received different treatment if they were white,” the lawsuit reads. After engaging in a momentary back-and-forth, Knox directed Peet to put Edwards in handcuffs, which Peet did, the lawsuit says.
The suit claims Valentino searched Isham’s pockets unlawfully and found real estate business cards. Despite that, both Isham and Edwards continued to be detained and none of the officers indicated why the two were being held beyond needing to confirm that Isham was a real estate agent.
Meanwhile, according to the suit, Branigan, the neighbor who called the police, was allowed by the officers to hover around the scene.
“None of the officers involved…undertook any action to secure the scene at 1093 Morado Drive by having the complainant (and his firearm) immediately removed from the vicinity so as to promote and ensure officer safety,” the suit reads.
Eventually, more officers arrived at the scene — at least nine in total, according to the lawsuit.
At that point, the filing alleges, Knox and another officer went to inspect the home’s front door, where they found the lock box and no damage to the property.
“Notwithstanding the confirmation of the presence and use of the lock box, Isham and Edwards continued to be handcuffed with their freedom and liberty restrained,” the suit reads. “It was not until a complete search of the residence and further consultation with the sergeant from the Cincinnati Police Department on scene (Sergeant Tytus Fillmore) did Officer Knox finally direct that handcuffs be removed from Isham and Edwards.”
The suit also alleges that body camera footage of portions of the incident was deleted.
“On April 18, 2019, the city of Cincinnati, through the Office of the City Solicitor, acknowledged that, while certain responsive video recordings were provided, certain responsive video recordings were not provided in response to the public records request and, in fact, a total of seven responsive videos had been destroyed,” the lawsuit states.
The actions of the officers constituted a violation of Isham’s and Edwards’ civil rights and false arrest, and the lack of body camera footage for the entire incident represented unlawful destruction of records, the suit charges.
The plaintiffs are seeking damages, attorneys fees and costs, as well as an injunction preventing the city and the police department from “illegal removal, destruction, mutilation, or transfer of, or other damage to or disposition of police body camera videos or police cruiser videos.”
The city of Cincinnati, Knox, Valentino and Edwards are all named as defendants in the lawsuit. Branigan, the neighbor, is not.
A police record of the 911 call Branigan made obtained through a records request confirms the general outline of the suit’s narrative about the incident.
“Complainant on scene and spoken to,” the record reads. “Complainant was sure forced entry was made. However, investigation revealed the two individuals located inside legally used a lock box as one was a realtor. House checked, no other unreported damage located. Immediately upon discovering this, Sgt. Fillmore met with officers, agreed the (breaking and entering report) was unfounded as it was inaccurately reported, and both individuals were taken out of handcuffs.”
“Complainant admitted on Sgt. Fillmore’s (body worn camera) that he didn’t have a good view of the entry and may have been mistaken,” the report continues.
A spokesperson for the city of Cincinnati said today that the city does not comment on pending litigation. CityBeat has requested body camera and cruiser dash cam footage of the incident.
This story will be updated.
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This article appears in Jul 10-17, 2019.