$2.25 Million Settlement Resolves Ohio Federal Action After Expert Opines Cleveland Police Wrongfully Investigated And Fatally Shot Man Suspected Of Jewelry Theft At Officer's Home
On July 3, 2011, 27-year-old Daniel Ficker and his partner Tiffany Urbach went to a Fourth of July party with their two minor children at the home of Tiffany's cousin Kimberly Mindek in Strongsville, OH. David Mindek, Kimberly's husband and a Cleveland police officer, was on duty and not home at the time. Hours after Daniel and Tiffany left the party, Kimberly suspected that Daniel had stolen some jewelry from an upstairs bedroom while he was at the party. When David Mindek arrived home, his wife told him her suspicions. Mindek, then off-duty, enlisted the assistance of Officer Matthew Craska, who was on-duty, to confront Daniel Ficker at his home in Parma, OH. Officer Craska left his assignment on the west side of Cleveland, picked up Mindek, and proceeded to Daniel's residence. When Daniel and Tiffany arrived home, Mindek and Craska confronted him and an altercation ensued. They allegedly beat and Tasered him. Daniel broke free and allegedly raised his arms to show he was unarmed, when Officer Craska shot him in the chest. Daniel subsequently died from his injuries.
On July 3, 2012, plaintiff Bernadette Rolen, Administrator of the Estate of Daniel Ficker, filed a civil rights action against defendants City of Cleveland, Officer Matthew Craska, and Officer David Mindeks in the Cuyahoga County Court of Common Pleas. On July 24, 2012, defendants removed the action to the United States District Court for the Northern District of Ohio, where it was assigned to Judge Solomon Oliver. Plaintiff claimed that defendants violated the decedent's Fourth and Fourteenth Amendment rights and sought relief under 42 U.S.C.S. § 1983, as well upon certain state-law claims. Defendants filed motions for summary judgment on June 2, 2014, which were denied by Judge Oliver on March 31, 2015. That decision was affirmed by the Sixth Circuit Court of Appeals on Aug. 17, 2016. A mediation was held before Judge Dan Polster on Jan. 5, 2017, at which time the matter was settled for $2,250,000.
Plaintiff’s expert in police practices and procedures, Melvin Tucker, prepared a report finding that Officer Mindek violated the standards of the law enforcement profession and the Cleveland Police Department by failing to notify his supervisor and dispatch that a crime had occurred at his home so that an officer could be dispatched to his home to investigate; becoming engaged in the investigation of a crime in which he had personal involvement; becoming involved in the investigation of a crime while he was off-duty; and leaving his jurisdiction to investigate the crime and failing to notify Parma police. Mr. Tucker further found that Officer Craska was outside his jurisdiction; not operating under a mutual-aid with Parma; was not operating under emergency circumstances; and was not in fresh pursuit and therefore had no authority to take a law enforcement action against Ficker. Read the entire expert report attached below to gain more insights.
Plaintiff was represented by Terry Gilbert, Gordon Friedman, and Jacqueline Greene of Gilbert & Friedman. Defendants were represented by Jack Bacevice, Thomas Kaiser, and Shawn Mallamad of the City of Cleveland Law Department.
Lexis Advance subscribers may view the complete summary here: Bernadette Rolen, Administrator of the Estate of Daniel Ficker, v. City of Cleveland, Officer Matthew Craska, and Officer David Mindek; 2017 Jury Verdicts LEXIS 22
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