A federal appeals court ruled Thursday former Cincinnati Fire Chief Michael Washington's suit against the city can go to trial.
City Manager Sheryl Long fired him in 2023 and announced several reasons, including allegations he failed to address a hostile work environment for women, mismanaged the acquisition of a new training facility, and had ineffective communication.
Washington filed suit in federal court claiming his firing was unjustified and his due process rights were violated because he did not get a disciplinary hearing before he was fired. He also accused Long of defamation for the public statements she made about his firing.
The city appealed a federal judge's ruling last year allowing the suit to go forward. The Appeals Court decision this week upholds that judge's ruling.
Washington's attorney, Stephen Imm of Finney Law Firm, released a statement praising the ruling.
"We could not be more pleased with the decision we received today from the court of appeals," Imm said. "Cincinnati has never had a Fire Chief more dedicated or more accomplished than Mike Washington. His wrongful termination was an unfortunate stain on this great city. We are looking forward to trial as soon as possible, so that stain can be removed, and so Mike can get back what was so disgracefully taken from him."
A spokesperson for City Manager Long says the city does not comment on pending litigation.
About the ruling
City attorneys argued Long is entitled to qualified immunity on the claim she violated Washington's due process rights, and that she is entitled to statutory immunity on the defamation claim. Last year a federal judge denied both immunity claims; the city appealed, and Thursday's ruling from the Appeals Court affirms the lower court's decision.
Thursday's ruling says Long testified at deposition that city attorneys told her Washington would need a hearing: "When asked why she 'didn't ... let him have a hearing before [she] fired him,' Long replied, '[b]ecause that was my choice to not.' "
A jury will be asked to consider whether Long had sufficient cause to fire Washington, whether she made defamatory statements about him, and what damages Washington might be awarded.
The suit asks for damages for back pay, front pay, health insurance benefits, and other employee benefits lost as a result of his termination; payment of contributions that would have been made to the Ohio Police and Fire Pension Fund from the date of his termination to the date of his mandatory retirement; compensatory and punitive damages to be determined at trial; pre-judgement interest; and attorneys' fees.
The complaint originally named Mayor Aftab Pureval as well, but he was removed from the complaint a few months after filing.
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