Franko v. City of Cleveland

OPINION AND ORDER

CHRISTOPHER A. BOYKO, District Judge:

This matter comes before the Court upon the Motion (ECF DKT # 51) for Summary Judgment of the City of Cleveland and the Plaintiffs Motion (ECF DKT # 57) for Summary Judgment. For the following reasons, the Motion of Defendant City of Cleveland is granted in part and denied in part; and Plaintiffs Motion is denied.

I. FACTUAL BACKGROUND

Plaintiff, John Timothy Franko (“Franko”), is a Cleveland police officer who was involved in an incident on September 30, 2005, which resulted in the fatal shooting of an African-American suspect, Laray…