Saturday, August 7, 2010

Judge McGinty Throws Out Lawsuit Of Black Journalist For Second Time Allegedly Due To Racism And Retaliation For Its Previous Reinstatement On Appeal

Cuyahoga County Court of Common Pleas Judge Timothy McGinty
Journalist Kathy Wray Coleman

From the Metro Desk of theDeterminerWeekly.Com and
the Kathy Wray Coleman Online News Blog and Media Network

Cuyahoga County Court of Common Pleas Judge Timothy McGinty has thrown out a lawsuit for the second time that was filed on behalf of local Black journalist Kathy Wray Coleman and originally named the cities of Beachwood and Shaker Hts, Oh., Beachwood and Shaker Hts Law Director Margaret Ann Cannon, and Retired Beachwood Businesswoman Myrna R. Gill, among others.

All of the defendants sued, including Gill and Cannon, are White, and Coleman is Black, a scenario that grassroots activists say played a part as to what that say is McGinty's arrogant disregard for the law, and his ongoing harssment of the veteran journalist, who now edits theDeterminerWeekly.Com and the Kathy Wray Coleman Online News Blog and Media Network.

“I view Judge McGinty as a pint size bully with a Napoleon complex who acts like a scorned lover, said Coleman. “This is the same man who is allegedly a source to the Cleveland Plain Dealer Newspaper as to his hypocritical criticism of his colleagues and he gave the newspaper confidential data on alleged serial killer Anthony Sowell. I believe that he should have been disbarred long ago and his threats and harassment of me as a Black woman are growing old.”

At issue regarding the suit was Coleman's claims that she was maliciously prosecuted and subjected to undue emotional distress via a prosecution by the City of Beachwood where in 2005 a Shaker Hts jury found her not guilty of telecommunications harassment. The prosecution followed a complaint from Gill who, according to case documents, lied and said Coleman had harassed her by calling three times in November 2003 after she had severed ties, though she had voluntary dealings with Coleman at least eight times in 2004.

McGinty threw out the lawsuit in 2008 but last year a state appellate court reinstated claims against Gill. And two weeks ago newly appointed Ohio Supreme Court Chief Justice Eric Brown denied an affidavit of prejudice filed by the 16 -year journalist against McGinty, prompting the outspoken controversial judge to allegedly retaliate with a dismissal on Friday of the suit, knowing that Gill had lied and that Coleman's claims are meriterious. In its ruling last year the Ohio Eighth District Court of Appeals noted that if Gill had lied saying she last communicated with Coleman in 2003 when in fact they communicated numerous times in 2004 the suit was ripe for litigation.

Coleman's attorney said that he would appeal the dismissal and that a second affidavit of prejudice would be filed where Gill and McGinty, who is also White, set up a sanctions hearing for Coleman even before he dismissed the suit on Friday.

“He is accused of unfairly jailing people and he is clearly harassing Kathy,” said the attorney. “I have never seen anything like it and it appears to be an obsession.”

Coleman says that she believes that McGinty is angry because he has been exposed and that he cannot stand losing as to the reinstatement last year of the lawsuit.

“He threatened me when I was in his office and he is to me the kind of man that believes he can have his way with Black women, “ said Coleman “ I believe that he needs to see a therapist as quickly as possible where he is now trying to get me before him to further his harssment because he is, in my opinion, irrational, racist, sexist and corrupt.”

According to the suit, the prosecution in the Shaker Hts Municipal Court in 2005 that forms the basis for the lawsuit was motivated by racial animus in connection with a series of articles written by Coleman and published in the Call and Post Newspaper on alleged housing discrimination againt Blacks by Cannon and other Shaker Hts officials. It alleges also that Coleman was a target as to the 2005 mayoral race in Cleveland relative to then incumbent mayor Jane Campbell and Cleveland Mayor Frank Jackson, who ousted Campbell and won a second four year term from voters last year.

In addition to the reinstatement last year of claims againt Gill relative to Coleman's lawsuit, McGinty lost an appeal earlier this year where he had sentenced the son of a community activist and friend of Coleman's to six moths in prison for an alleged probation violation when the man had completed probation . The Ohio Eighth District Court of Appeals reversed his decision saying he abused his discretion in harassing the Black man and violating \a basic principle of law."

"We need a state law that holds judges like Judge McGinty accountable for a blatant disreard for the law, following appellate decisions that show malicious violations of the law in both criminal and civil proceedings, " said Coleman. “Judge McGinty obviously believes that he is above the law and we hope that the Cleveland FBI is investigating him like others. “