Civil Rights Lawsuit Filed Against Jose Garcia in Desmond Franklin Case


Family of 23-year-old Black man fatally shot by off-duty Cleveland police officer calls for justice.

On April 9, 2020, off duty police officer Jose Garcia, wearing civilian clothing, used his authority as an officer (but did not identify himself as one) to confront, intimidate, and threaten Desmond Franklin and his teenage passenger while they were sitting in a vehicle. Garcia approached the window and accused the two of stealing soda pop from a convenient store. 

Minutes later while on West 25th Street, Garcia’s personal vehicle and Desmond’s vehicle wound up next to each other at an intersection. Within seconds, and without any warning, Garcia fired multiple shots through the passenger window. One of the shots penetrated Desmond’s temple, causing his death. He leaves two young children, parents, siblings, and many friends who loved him dearly behind.  

The lawsuit seeks to redress the wrongful and unjustified death of Desmond Franklin as another victim of police shootings, which all too often involve young black men in Cleveland and across America. 

You can access the formal complaint which has been filed with the Cuyahoga County Court of Common Pleas below

Footage from the press conference held earlier today, on December 6, 2021, with Desmond Franklin’s family and attorney Terry Gilbert at the FG+G Cleveland Offices, can be found here