From the Metro Desk of Cleveland Urban News.Com and the Kathy Wray Coleman Online News Blog.Com
CLEVELAND, Ohio- The Sixth Circuit Court of Appeals has reinstated a previously dismissed malicious prosecution and First Amendment lawsuit filed in federal court in 2010 by Community Activist and Cleveland Urban News.Com Publisher and Associate Editor Kathy Wray Coleman against Ohio Eighth District Court of Appeals Judge Kathleen Ann Keough (pictured), the City of Cleveland, and several city officials and other alleged culprits.
The defendants also include former Cleveland Law Director Robert Triozzi, Cleveland Chief Prosecutor Victor Perez, and assistant city prosecutors Joan Bascone and Lorraine Coyne, all of whom are White, though Coleman is Black.
Judge Donald Nugent, the presiding judge over the case from the Federal District Court of the Northern District of Ohio in Cleveland, had dismissed the suit, ruling that Coleman had missed a single status conference after her then attorney Wayne Kerek withdrew from the case.
That so-called scheduled conference, wrote Coleman in her successful brief on appeal, never really was set with any notice to her, and she was never given "prior notice of potential dismissal of the case before the dismissal as mandated by the Federal Rules of Civil Procedure."
In reinstating the lawsuit the panel of judges of the Sixth Circuit said that Nugent abused his discretion by throwing out the case without prior notice and an opportunity to respond and possibly cure any defect.
Now back before Nugent, the suit is pending for further court proceedings, including a possible jury trial.
"Free speech is not always free because one must often pay a price for it and Blacks, women and the little people truly have a difficult time getting fair court proceedings to seek redress for statutory and constitutional wrongs in state and federal courts that serve the politically corrupt Cuyahoga County," said Coleman, who acted as her own attorney for the successful appeal but says she is now searching for representative counsel to prosecute the case. "We want this case heard on the merits at a public trial and we call for an investigation of the number of credible Civil Rights lawsuits filed by Blacks, women, activists, journalists and others that have been dismissed erroneously by Judge Nugent and other federal and state court judges of Ohio for the establishment."