Ondo v. City of Cleveland, No. 14-3527 (6th Cir. 2015)
Annotate this CaseBased on allegations of felonious assault on an officer, Cleveland police arrested plaintiffs at home in the early morning when plaintiffs were wearing only boxer shorts. Police refused to retrieve additional clothing, issuing them jumpsuits after they arrived at the police station. Plaintiffs have repeatedly changed their stories. In their second lawsuit, plaintiffs, who are homosexual, allege that officers repeatedly struck them and violated their equal protection rights by forcing them to remain in their boxer shorts, and that these actions constituted intentional infliction of emotional distress. When the officers moved for summary judgment, plaintiffs filed affidavits based upon “personal knowledge and belief,” identifying, for the first time, which officer allegedly committed each act. The court struck the affidavits, explaining that it did not know which statements were based on personal knowledge, as required by the Federal Rules of Civil Procedure, and which were based only upon belief; without those affidavits, the record did not contain sufficient evidence to permit plaintiffs’ claims to survive. The Sixth Circuit affirmed, holding that the court did not abuse its discretion in striking the affidavits and that, construing the remaining record in the light most favorable to plaintiffs, defendants were entitled to judgment as a matter of law.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.