A lawsuit filed by Cincinnati's former fire chief who says he was wrongfully fired can proceed to trial, a federal appeals court has ruled.
In a 2-1 decision, the 6th U.S. Circuit Court of Appeals upheld a lower court that found that City Manager Sheryl Long was not entitled to immunity from being sued by former Fire Chief Michael Washington.
The appeals court said there are numerous, uncontested facts "based on which a reasonable jury could find that Long's violation of Washington's procedural due process rights was knowing and intentional."
Washington sued the city and Long in 2023, alleging that his constitutional due process rights were violated when he was fired that year. Washington served in the department for 30 years and was promoted to chief in 2021.
Long accused Washington of creating a hostile work environment for women and said he failed to correct the issues after she brought them to his attention.
Asked about the case, city spokeswoman Mollie Lair said the city manager does not comment on pending litigation.
A message to Mayor Aftab Pureval was not returned.
The case and decision could have far reaching implications on how the city hires and fires its chiefs.
Former Councilman Christopher Smitherman has proposed an amendment to the city's charter that would take the power to hire and fire police and fire chiefs away from the city manager and give it to City Council. He thinks the litigation involving Washington and former Police Chief Teresa Theetge will cost taxpayers millions and increase support for his amendment.
"The petition is about not having a sole person ever have this power again," Smitherman said. "If this had gone to council and they'd gone into executive session, somebody would have asked a simple question, 'Why are you firing the fire chief?' "
This article originally appeared on Cincinnati Enquirer: Appeals court says ex-fire chief's lawsuit over firing can proceed