Case: 1:19-cv-02105-JG Doc #: 1 Filed: 09/12/19 1 of 23. PageID #: 1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
MICHAEL THREAT
4819 Delevan Drive
Lyndhurst, OH 44124

)
)
)

and
MARGARITA NOLAND-MOORE
18012 Marcella Road
Cleveland, OH 44119

)
)

COMPLAINT

and

)

Trial by Jury Endorsed Hereon

PAMELA BEAVERS
9621 Thorn Avenue
Cleveland, OH 44148

)
)
)

and
LAWRENCE WALKER
290 Eaton Ridge Drive
Sagamore Hills, OH 44067

)
)
)

and
REGINALD ANDERSON
9736 Gates Avenue
Cleveland, OH 44105

)
)

Plaintiffs,

)
)

-vs-

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CITY OF CLEVELAND
601 Lakeside Avenue
Cleveland, OH 44114

)
)

and

)

NICOLE CARLTON, personally and
in her official capacity as
Commissioner, City of Cleveland
Division of Emergency Medical Services
1701 Lakeside Avenue
Cleveland, OH 44114

)
)
)
)

Defendants.

NATURE OF THE ACTION
1.

This is an action instituted, inter alia, under the Equal Protection Clause of

the Fourteenth Amendment to the Constitution of the United States, Title VII of
the Civil Rights Act of 1964, 42 U.S.C. §§2000e-1, et seq., as amended (2019
Supp.), and the Civil Rights Act of 1871, 42 U.S.C. §1983, as amended (2019
Supp.) and various state laws to vindicate state and federally protected rights
against unlawful employment practices on the basis of race, gender and retaliation.
JURISDICTION
2.

This present and continuing action is authorized and instituted pursuant to

Section 706(f) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§§ 2000e-6(f) (2019 Supp.) (hereinafter referred to as "Title VII") in accordance

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with Notice of Suit Rights issued by the U.S. Equal Employment Opportunity
Commission which accompany this complaint as Exhibit 1.
3.

With respect to constitutional claims of violations of the Equal Protection

Clause of the Fourteenth Amendment through the Civil Rights Act of 1871, 42
U.S.C. § 1983, jurisdiction is asserted pursuant to 28 U.S.C. §1331 and 28 U.S.C.
§§1343 (3) and (4). Jurisdiction is asserted likewise with respect to declaratory relief
pursuant to 28 U.S.C. §§ 2202-2202.
4.

With respect to state claims under the Ohio Civil Rights Act, Ohio

Revised Code §§ 4112.01, et seq. (2019 Supp.) and other state claims, jurisdiction is
asserted pursuant to 28 U.S.C. §1367.
VENUE
5.

Plaintiffs and Defendants are citizens of the United States which includes

a municipal corporation organized under the laws of the State of Ohio and venue
exists within the jurisdiction of the United States District Court for the Northern
District of Ohio, Eastern Division because all parties are located within Cuyahoga
County, Ohio and because the unlawful employment practices alleged were and
continue to be committed within the jurisdiction of the United States District
Court for the Northern District of Ohio, Eastern Division.
PARTIES
6.

Plaintiffs Michael Threat, Margarita Noland Moore, Pamela Beavers,

Lawrence Walker and Reginald Anderson are African American Captains
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employed by the City of Cleveland’s Division of Emergency Medical Services
(“EMS”) who, at all relevant times, were and continue to be employed by
Defendant City of Cleveland and whose terms and conditions of employment are
controlled by Defendant Nicole Carlton.
7.

Defendant City of Cleveland is an “employer” as defined by Title VII and

acting under color of state law for purposes of claims asserting violations of the
Equal Protection Clause of the Fourteenth Amendment to the Constitution of the
United States.
8.

Defendant Nicole Carlton has been, is presently and continues to be at all

relevant times the Commissioner of the City of Cleveland’s Division of Emergency
Medical Services (EMS) which empowers her under color of state law to control
work shifts schedules and other terms and conditions of public employment for
Captains working for Defendant City of Cleveland’s division of Emergency
Medical Services.
9.

At all relevant times, Defendant City of Cleveland has been and is now an

employer engaged in an industry affecting commerce within the meaning of
Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e (b) and (g).
GENERAL ALLEGATIONS
10. Plaintiffs reassert the foregoing allegations and incorporate them by
reference as if fully set forth herein.

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11. Plaintiffs Captain Michael Threat, Captain Pamela Beavers, Captain
Margarita Moore, Captain Reginald Anderson and Captain Lawrence Walker work
in the Division of Emergency Medical Services (EMS) for Defendant City of
Cleveland.
12. Plaintiffs Captain Michael Threat, Captain Pamela Beavers, Captain
Margarita Moore, Captain Reginald Anderson and Captain Lawrence Walker work
under Defendant Nicole Carlton as Commissioner of the Division of Emergency
Medical Services (EMS) of Defendant City of Cleveland.
13. Plaintiff Captain Michael Threat moved from Alabama as a young man
because of enforced racial segregation.
14. When he and his family would visit his Alabama family, he experienced
the consequences of the vestiges of open racial segregation and the enduring pain
of those experiences.
15. Similar experiences were suffered by the other African American Captains
both prior to starting work at EMS and during their service at EMS.
16. Defendant City of Cleveland has been and continues to be aware of the
historical supremacist problems within the division of Emergency Medical
Services.
17. Historically, work shifts within the Defendant City of Cleveland’s Division
of Emergency Medical Services have been governed by seniority for Captains.

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18. In the fall of each year, Captains have the opportunity to bid on the
following year’s schedule based on seniority.
19. Based on seniority alone, persons employed as Captains with the longest
tenure within Defendant City of Cleveland’s Division of Emergency Medical
Services get to select whether they work day shift or night shift and be on the “A”
or “B” key.
20. “A” or “B” key indicates which days of the pay period persons work.
21. In roughly 2011, Plaintiffs’ contract with Defendant City of Cleveland
permitted the EMS Commissioner to transfer up to four captains from their
chosen shift and key.
22. Any shift changes made by the EMS Commissioner were to be based on
job class seniority.
23. The goal was to avoid having a shift with too many inexperienced
captains.
24. Plaintiffs observed early on that Defendant Nicole Carlton would only
move either African American captains or female captains.
25. Since the time of the contract change, Defendants City of Cleveland and
Nicole Carlton have never transferred a white male for a white male.
26. In or around 2014, Plaintiff, Captain Lawrence Walker, had chosen his
shift/key for the year.

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27. Captain Walker was notified that he was being transferred to a different
shift/key.
28. Plaintiffs noticed that Walker had coincidentally selected a shift/key where
there would have been a majority of African Americans.
29. Based upon Defendant Nicole Carlton’s past conduct and Plaintiff
Lawrence Walker’s transfer, Plaintiffs questioned the City of Cleveland and
Carlton about the change.
30. Defendants City of Cleveland and Nicole Carlton responded that the
contract gave them the power to move whomever they wanted.
31. In the fall of 2017, the Captains all entered their bids as they had in the
past.
32. After the bidding process was complete, one of the shifts contained four
African Americans.
33. Shifts were only comprised of four individuals.
34. Defendants City of Cleveland and Nicole Carlton, based on the results of
the bidding, chose to transfer a black male and replace him with a white male in
order to ensure that there was not a shift of all African Americans.
35. After the move was made, Plaintiffs inquired with Defendant Nicole
Carlton about the reason for the move.
36. Carlton’s explanation for the move to Plaintiffs was “I cannot have a shift
with all blacks on it.”
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37. The sole reason for the employment action by Defendants City of
Cleveland and Carlton was on account of race and not job class seniority.
38. Plaintiffs explained to Defendant Nicole Carlton that the practice of
moving African Americans off of certain shifts on the basis of race and gender was
unlawful.
39. Defendant Carlton responded that she could do whatever she wanted
because of the contract.
40. On October 11, 2017, Plaintiff Margarita Moore emailed Carlton
expressing concern that the City of Cleveland and Carlton were discriminating
against the African American captains based upon race.
41. Carlton did not respond to the email.
42. The Plaintiffs then initiated the grievance process.
43. During the grievance process and after Defendants Carlton and City of
Cleveland openly admitted that race and gender were being used in determining
who and where a captain would serve on each shift, Plaintiffs filed a dual charge
with the Ohio Civil Rights Commission (“OCRC”) and the Equal Employment
Opportunity Commission(“EEOC”) based upon the discrimination they were
experiencing.
44. The OCRC found probable cause on Plaintiffs’ charges and ordered that
an attempt to resolve under the Ohio law be approached through conciliation.

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45. The OCRC and the City of Cleveland conciliated the matter without the
consent of Plaintiffs.
46. After the finding of probable cause of employment discrimination, a white
captain who was transferred onto the shift with three other African Americans
stepped down from his captain position.
47. The vacancy on the shift/key was to be filled by the bidding process.
48. Two African American captains with a high level of seniority bid on the
shift/key.
49. One Caucasian male with less seniority than the two African American
Captains also bid to be moved to the shift.
50. Inexplicably, a white captain was permitted by Defendants City of
Cleveland and Nicole Carlton to “jump” over the two African Americans who had
more seniority.
51. The white captain was given the shift/key by the Defendants.
52. Because of Defendants City of Cleveland’s and Nicole Carlton’s
governmental policy of barring all African American Captains on one shift, the
pattern and practice of government-sanctioned racial exclusion continued to be
implemented.
53. After the transfer was challenged through the grievance process, Carlton
and the City of Cleveland defended their actions by stating that she and the City of

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Cleveland had the right to “balance” the number of minorities and women on each
shift.
54. Defendants City of Cleveland and Carlton candidly admitted that race and
gender were restrictions on captains on shift assignments.
55. After Carlton and City of Cleveland confirmed again that race and gender
were part of a governmental practice in restricting the choice of shifts based on the
race and gender of a captain, Plaintiffs Reginald Anderson and Pamela Beavers
filed separate dual charges with the Ohio Civil Rights Commission (“OCRC”) and
the Equal Employment Opportunity Commission (“EEOC”) based upon the
governmental policy of discrimination they were experiencing.
56. The OCRC also found probable cause on the subsequent charges and
ordered that conciliation be attempted.
57. OCRC and the City of Cleveland once again conciliated the matter
without the consent of Plaintiffs.
58. In July 2018, when the Ohio Civil Rights Commission indicated it had
made a probable cause finding, a news story ran in Northeast Ohio about the
finding of intentional racial discrimination practiced by the City of Cleveland and
implemented by Carlton.
59. The City of Cleveland and Carlton were angered about both the finding of
discrimination by the OCRC and the subsequent news coverage.

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60. In retaliation for the finding and because Plaintiffs had filed the charges
against the City of Cleveland, Defendant City of Cleveland filed an unfair labor
practice charge against Plaintiffs.
61. Defendants knew that no unfair labor practice occurred and used the
mechanism to retaliate against the Plaintiffs.
62. Defendants City of Cleveland and Carlton only filed the unfair labor
practice charge because of the public findings by the OCRC and the bad press that
followed.
63. Defendants knew that the OCRC findings were public record and that a
television station obtained the information from the Central Office of the OCRC
in Columbus, not from the Plaintiffs.
64. Defendant City of Cleveland’s allegations of an unfair labor practice by
the Plaintiffs, which were allegedly founded on the Plaintiff “leaking” the public
finding of the OCRC to the media, were not true.
65. Based upon the unfair labor practice allegations and threats from the
Defendants, Plaintiffs filed a subsequent OCRC/EEOC dual charge of retaliation.
66. Defendant City of Cleveland’s intentions were proven when it offered to
drop the unfair labor practice allegations against Plaintiffs if Plaintiffs agreed to
withdraw their retaliation charges pending before the OCRC.

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67. Defendant City of Cleveland routinely told Plaintiffs “be careful” whom
you accuse of discrimination in an effort to force them to withdraw their
retaliation charges.
68. Defendant City of Cleveland then started a campaign of punishment
against Plaintiffs who had filed retaliation charges.
69. Defendant City of Cleveland charged Plaintiff Pamela Beavers with
violations of the “sick abuse policy” which restricted her from calling off for a
period of eighteen (18) months.
70. Plaintiff Pamela Beavers was punished by Defendant City of Cleveland for
being late for a total of seven (7) minutes when others who had not filed
discrimination or retaliation charges with the OCRC were not punished for severe
sick abuse policy violations.
71. Defendant City of Cleveland punished Ms. Beavers while ignoring at least
three (3) white captains who had violated the same or similar policy
72. Each of the white captains who had not filed charges with the OCRC
were not punished or subjected to retaliation.
73. Plaintiffs have been and continued to be anxious and concerned over
continuing retaliation by Defendant City of Cleveland in their battle for equality.
74. During the grievance process, Defendant City of Cleveland routinely told
Plaintiffs it would be tough for the City of Cleveland to work with them on issues
because of their exercise of the right to file discrimination and retaliation charges.
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75. Plaintiffs received notices of right to sue for their retaliation claims on
June 21, 2019 and June 24, 2019.
76. Plaintiffs received notices of right to sue on their discrimination claims on
September 3, 2019.
77.

As a result of Defendants actions, Plaintiffs have suffered substantial

emotional and economic damages.
78. Plaintiffs have been subjected to knowing and overt retaliation by the
Defendants.
Count I
VIOLATIONS OF TITLE VII OF THE CIVIL RIGHTS ACT
OF 1964-EMPLOYMENT DISCRIMINATION
79. Plaintiffs reassert the foregoing allegations and incorporate them by
reference as if fully set forth herein.
80. Plaintiffs are all African American Captains working for the City of
Cleveland.
81. Plaintiffs have been specifically discriminated against by the City of
Cleveland because of their race and gender.
82. Plaintiffs have been barred from working on the same shift with one
another because of their race.
83. Plaintiff Pamela Beavers has been barred from working with other female
Captains on the same shift because of her gender.

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84. Plaintiffs have sustained extreme emotional distress and suffering on
account of Defendants’ unlawful discriminatory conduct.
85. The acts and conduct of the Defendants have been intentional, malicious
and in wanton and reckless disregard to the rights and feelings of the Plaintiffs.
86. Plaintiffs has been damaged by Defendants’ attempts to segregate the
Captains at Cleveland EMS.
Count II
VIOLATIONS OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964RETALIATION
87. Plaintiffs reassert the foregoing allegations and incorporate them by
reference as if fully set forth herein.
88. Plaintiffs each had a protected right to file their claims of discrimination
with the Equal Employment Opportunity Commission and Ohio Civil Rights
Commission.
89. Plaintiffs had the right to file their charges free from fear of retaliation.
90. Only because Plaintiffs exercised their right to file charges against the City
of Cleveland did the City turn around and file an unfounded and spiteful unfair
labor charge against Plaintiffs.
91. Since Plaintiffs filed their charges against the City of Cleveland,
Defendants have treated Plaintiffs differently from their white counterparts and
targeted Plaintiffs for retaliation.

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92. Given their history working in the Division of Emergency Medical
Services and the historical limitations placed on African Americans, Plaintiffs have
sustained and continue to sustain extreme emotional distress and suffering solely
on account of Defendants’ overt discriminatory and retaliatory conduct.
93. The acts and conduct of the Defendants have been intentional, malicious
and in wanton and reckless disregard of the rights and feelings of the Plaintiffs.
94. Plaintiffs have been damaged by Defendants’ attempts to segregate the
Captains at Cleveland EMS on account of race and gender and retaliate against
them as a result of their exercise of a federally protected right in filing charges with
the OCRC and EEOC.
Count III
VIOLATIONS OF DUE PROCESS ENSURED UNDER THE
FOURTEENTH AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES, CIVIL RIGHTS ACT OF 1871, 42 U.S.C. §1983
95. Plaintiffs reassert the foregoing allegations and incorporate them by
reference as if fully set forth herein.
96. Plaintiffs are all African American Captains working for the City of
Cleveland.
97. Plaintiffs have been specifically discriminated against by the City of
Cleveland because of their race and gender and otherwise treated less favorably
that white employees of the Division of Emergency Medical Services.

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98. The differences in treatment by Defendant, City of Cleveland and
Defendant Nicole Carlson, individually and in her official capacity as
Commissioner of the Division of Emergency Medical Services were all under color
of state law.
99. The differences in treatment by Defendant City of Cleveland and
Defendant Nicole Carlson, individually and in her official capacity as
Commissioner of the Division of Emergency Medical Services, were undertaken
on account of the race of the Plaintiffs as a government-sanctioned practice of
restricting terms and conditions of public employment to persons on account of
race.
100. Plaintiffs have been barred from working on the same shift with one
another solely on account of their race.
101. Plaintiff Pamela Beavers has been barred from working with other female
Captains on the same shift because of her gender.
102. Plaintiffs have sustained emotional distress because of Defendants’
discriminatory conduct.
103. The acts and conduct of the Defendants have been intentional, malicious
and in wanton and reckless disregard to the rights and feelings of the Plaintiffs.
104. Plaintiffs have been damaged by Defendants’ attempts to segregate the
Captains at Cleveland EMS.

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Count IV
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
105. Plaintiffs reassert the foregoing allegations and incorporate them by
reference as if fully set forth herein.
106. Being directed by their superior who is white that one cannot be permitted
to work beside another co-worker on account of race would be a traumatizing and
disturbing experience for any reasonable person.
107. Defendant Nicole Carlton has been and continues to be aware of the
historical consequences of racism within the Division of Emergency Medical
Services and clearly knew that separating the Plaintiffs as African American
Captains from shifts was particularly mean-spirited and injurious.
108. The openly racist explanation of separating African American Captains
under color of state law was intended and continues to be intended to inflict
emotional and mental distress.
109. Defendant Nicole Carlton, in her official capacity as Commissioner of
Emergency Medical Services for the City of Cleveland, clearly understood the
knowing and severe consequences of her racially discriminatory statements and
actions against African-American Captains of the City of Cleveland’s Division of
Emergency Medical Services.
110. The fear of having too many African American officers working together
is rooted in supremacist attitudes and history.
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111. Defendant Nicole Carlton knew the history of racist actions within EMS,
knows the individual African-American Captains, and knows the racially separatist
undertaking she ordered and insists on maintaining would jointly and severally
inflict significant and consequential emotional distress on the Plaintiffs.
112. By ratifying the order impacting Plaintiffs on various occasions that an allblack Captain team would not be permissible, Defendants knew or should have
reasonably known that they would inflict serious emotional and mental distress.
113. Defendants knowingly interfered with Plaintiffs’ protected right to file
charges with the EEOC and OCRC and knowingly intended to injure them for
engaging in a protected activity under the laws of the United States and the State
of Ohio.
114. Defendants knew they violated the laws of the United States and the State
of Ohio by openly discriminating against their African American Captains and
knew the only way to continue to avoid the matter would be to punish Plaintiffs.
115. Defendants knew they had the power to make work more difficult for the
Plaintiffs, have done so and continue to adversely affect their shifts/keys.
116. Instituting a racially separatist policy of not allowing African American
Captains to work together on the same shift and retaliating against them was
intended to exceed reasonable bounds of decency and intended to generate an
intolerable work environment for the Plaintiffs.

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117. Defendants' actions in discriminating and retaliating against Plaintiffs
proximately caused Plaintiffs’ psychological injuries and loss of quality of life.
118. The mental anguish suffered by Plaintiffs is serious, consequential and
should not have to be endured on account of race, gender and retaliation.
119. The acts and conduct of Defendants were intentional, malicious and in
wanton and reckless disregard of the rights and feelings of Plaintiffs.
120. Plaintiffs have sustained significant emotional injuries arising out of the
Defendants’ unlawful practices and retaliation.
Count V
VIOLATIONS OF THE OHIO CIVIL RIGHTS ACTEMPLOYMENT DISCRIMINATION
121. Plaintiffs reassert the foregoing allegations and incorporate them by
reference as if fully set forth herein.
122. Plaintiffs are all African American Captains working for the City of
Cleveland.
123. Plaintiffs have been specifically discriminated against by the City of
Cleveland because of their race, gender and retaliation.
124. Plaintiffs have been barred from working on the same shift with one
another because of their race.
125. Plaintiff Pamela Beavers has been barred from working with other female
Captains on the same shift because of her gender.

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126. Plaintiffs have sustained extreme emotional distress and suffering on
account of Defendants’ unlawful discriminatory conduct.
127. The acts and conduct of the Defendants have been intentional, malicious
and in wanton and reckless disregard to the rights and feelings of the Plaintiffs.
128. Plaintiffs have been damaged by Defendants’ attempts to segregate the
Captains at Cleveland EMS on account of race.
Count VI
VIOLATIONS OF THE OHIO CIVIL RIGHTS ACTRETALIATION
129. Plaintiffs reassert the foregoing allegations and incorporate them by
reference as if fully set forth herein.
130. Plaintiffs each had a protected right to file their claims of discrimination
with the Equal Employment Opportunity Commission and Ohio Civil Rights
Commission.
131. Plaintiffs had the right to file their charges free from fear of retaliation.
132. Only because Plaintiffs exercised their right to file charges against the City
of Cleveland did the City turn around and file an unfounded and spiteful unfair
labor charge against Plaintiffs.
133. Since Plaintiffs filed their charges against the City of Cleveland,
Defendants have treated Plaintiffs differently from their white counterparts and
targeted Plaintiffs for retaliation.

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134. Given their history working in the Division of Emergency Medical
Services and the historical limitations placed on African Americans, Plaintiffs have
sustained and continue to sustain extreme emotional distress and suffering solely
on account of Defendants’ overt discriminatory and retaliatory conduct.
135. The acts and conduct of the Defendants have been intentional, malicious
and in wanton and reckless disregard of the rights and feelings of the Plaintiffs.
136. Plaintiffs have been damaged by Defendants’ attempts to segregate the
Captains at Cleveland EMS on account of race and gender and retaliate against
them as a result of their exercise of a federally protected right in filing charges with
the OCRC and EEOC.
WHEREFORE, Plaintiffs urge this Court to grant the following relief:
A.
Declare that the acts and conduct of the
Defendants constitute violations of the Equal
Protection Clause of the Fourteenth Amendment to the
Constitution of the United States, the Civil Rights Act
of 1871, 42 U.S.C. §1983, as amended, and Title VII of
the Civil Rights Act of l964, as amended, 42 U.S.C.
§§2000e, et seq. and pending state law claims under the
Ohio Civil Rights Act, Chapter 4112 of the Ohio
Revised Code and for intentional infliction of emotional
distress.
B.
Grant a permanent injunction enjoining
the City of Cleveland and Nicole Carlton in her official
capacity as Commissioner of the Division of Emergency
Medical Services, their officers, agents, employees,
successors, assigns, and all persons in active concert of
participation with it, from engaging in any employment
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practices which discriminate on the basis of race or
gender and further enjoin any acts or conduct which has
the purpose or effect of retaliating against the Plaintiffs
for asserting rights against discrimination based on race
and gender;
C.
Order Defendants to institute and to
otherwise carry out policies, practices and programs
which provide equal employment opportunities for
employees of all races and genders, and which eradicate
the effects of its past and present unlawful employment
practices; based on race, gender and retaliation;
D.
Grant to Plaintiffs, jointly and severally,
from the Defendants appropriate compensatory
damages.
E.
Grant to the Plaintiffs, jointly and
severally, appropriate exemplary and punitive damages
against Defendant Nicole Carlton personally;
F.
Grant to the Plaintiffs and against the
Defendants costs in this action including statutory
reasonable attorney fees as provided by law;
G.
Grant such further relief as the Court
deems just, equitable and in advance of the public
interest.

/s/ Jared S. Klebanow
JARED S. KLEBANOW (0092018)
KLEBANOW LAW, LLC
850 Euclid Ave. Suite 701
Cleveland, Ohio 44114
T: (216) 621-8230
jklebanow@klebanowlaw.com

/s/ Avery Friedman
AVERY FRIEDMAN (0006103)
AVERY FRIEDMAN & ASSOCIATES
850 Euclid Ave. Suite 701
Cleveland, Ohio 44114-3358
T: (216) 621-9282
avery@lawfriedman.com

Attorneys for Plaintiffs
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TRIAL BY JURY DEMANDED
Plaintiffs hereby demands trial by jury.
/s/ Avery Friedman
Avery Friedman

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