A Cleveland activist, arrested while openly carrying firearms on the city鈥檚 East Side, is suing the city and more than a dozen police officers in federal court.
The lawsuit, filed Monday, alleges the city violated Antoine Tolbert鈥檚 civil rights when he was arrested and brought to jail overnight on May 23,, 2022.
It鈥檚 legal to openly carry firearms in Ohio.
Tolbert had a shotgun in his hand and a handgun in a holster as he walked down St. Clair Avenue. He鈥檚 part of a local activist group called New Era Cleveland that conducts armed security patrols as a way to help prevent gun violence and has spoken to classes of police cadets about policing in Cleveland.
shows the first officers at the scene allowing him to continue without being arrested, with one describing an arrest as a 鈥渓awsuit waiting to happen.鈥� But when a sergeant named Lance Henderson arrives, he makes the decision to arrest Tolbert.
鈥淗e can鈥檛 walk down the street with a firearm in his hand,鈥� Henderson told an officer at the scene. 鈥淗olster is one thing. But walking down the street with a firearm in his hand. Can鈥檛 do that.鈥�
Initial police reports indicate Tolbert was arrested for inducing panic and carrying a concealed weapon but was released without formal charges. On body cam footage, Sgt. Henderson can be heard saying the charges include improperly handling a firearm, .
鈥淥fficers cannot merely just decide to arrest somebody, detain somebody and take them down to the county jail just because they don鈥檛 like something that they鈥檙e doing,鈥� said Tolbert鈥檚 attorney, Tiana Bohanon. 鈥淗e had not been carrying any concealed weapon and he had not been improperly handling a firearm inside any motor vehicle.鈥�
Tolbert is asking for damages from the city of Cleveland and 14 police officers involved in the incident.
In addition to spending the night in jail, . He was also forced to move out of his house temporarily because his wife鈥檚 ex-husband was using video of the encounter to seek full custody of their young child.
