Mrs. Stallworth sued the City of Cleveland, Currie, and other police officials under
42 U.S.C. § 1983, alleging unreasonable arrest and prosecution, abuse of process and excessive use of force. She included state claims of false arrest, malicious prosecution, abuse of process, and assault and battery. Plaintiff also brought all claims except the
§ 1983 claim and state law assault claim against Raymond Gercar, Richard Forgach, and Joseph Mismas, ranking Cleveland police officers, who arrived at the scene after the confrontation between Stallworth and Currie. She brought the
§ 1983 claim against Currie, the City of Cleveland, its former police chief, William Hanton, and its former safety director, Reginald Turner. Under state law, on the theory of
respondeat superior, Plaintiff also sued for the alleged torts of Currie, Gercar, Forgach, and Mismas. Finally, Plaintiff's husband, Albert Stallworth, made a claim under state law for loss of consortium. At the time of trial, he was deceased and his estate continued the prosecution of his state law claim.