The officer filed the suit anonymously and is listed as “M.R. A Cincinnati Police Officer” in sealed documents related to the case. Hamilton County Common Pleas Judge Megan Shanahan ruled to seal the records after the officers’ attorneys claimed people shared his personal information online. Several local news outlets and advocacy group Friends of Bones, which was previously involved in the lawsuit, have petitioned Judge Shanahan to unseal them. Court hearings remain open to the public.
Erik Laursen and Jennifer Kinsley, attorneys representing three of the suit’s defendants, filed an appeal to overturn Judge Shanahan’s ruling in Cincinnati’s district appellate court. If granted, the officer would not remain anonymous and defendants could address him by name when discussing the case, Laursen told Newsweek. As of now, the judge’s ruling prevents all parties connected to the lawsuit from sharing any information that personally identifies the officer.
“It is highly unusual for anyone in a lawsuit to be unidentified,” Laursen noted. “In this matter he was allowed to proceed under our local rules and the Ohio civil rules that say, under certain circumstances things can be done under seal.”
The lawsuit, filed in July, came about one month after the Cincinnati Police Department received formal complaints accusing officer Ryan Olthaus of racist conduct. Complaints reportedly alleged that Olthaus, who joined the Cincinnati police force more than a decade ago, used the “OK” hand signal during a city council meeting held to address concerns from Black Lives Matter activists amid ongoing demonstrations.
The gesture can be regarded as a racist symbol depending on the context of its use, the Anti-Defamation League told NPR last September. The organization flagged it as a hate symbol around the same time, after uncovering memes and other images that associated the signal with white supremacist sentiments posted to Internet forums. Some used the gesture in reference to “white power.”
The unnamed officer’s lawsuit claims citizens’ accusations of racism are false, according to news outlets privy to the lawsuit’s contents, including the Enquirer.
“People in the crowd made the juvenile, unfounded, incorrect and hysterical claim that (the officer’s) innocuous ‘okay’ gesture was a ‘white power’ or ‘white supremacist’ hand signal intended to intimidate people,” the suit reportedly says of the June council meeting.
Court filings identify four individuals currently involved in the suit: Julie Niesen, who is listed as the primary defendant, Terhas White, James Noe and Alissa Gilley.
Kinsley represents two women who filed complaints about the officer earlier this summer. She told the Enquirer her clients are protected under a First Amendment clause meant to shield civilians who accuse public officials of racism from legal repercussions.
“This lawsuit is being filed not only to stop these people from speaking up, but also to make people afraid to say something when they see something that is wrong,” Kinsley said in comments to the newspaper.
Laursen represents Niesen, a journalist and food writer who did not submit a formal complaint about Olthaus after seeing him flash the “OK” signal on video in June. Rather, she recounted the incident in a subsequent online post, which encouraged city council to look into allegations about the officer’s behavior.
“We’re just over here thinking that we need to fight for what’s right,” Niesen told Newsweek of the lawsuit. “And what’s right is the First Amendment and our ability to speak out about what we perceive as problems in our government.”
Newsweek reached out to the Cincinnati Police Department for comments but did not receive a reply in time for publication.
08/19/20 (5:50 p.m. ET): This story was updated with Laursen and Niesen’s comments.
