Demetrius Kern Settlement: Sixth Circuit Appeal and 2026 Status

There is no Demetrius Kern settlement. Kern’s federal civil rights lawsuit against Cleveland Heights Sergeant Naftali Wolf, Officer Carli Lewis, and the City of Cleveland Heights has not settled at any point, and as of June 2026 it is on appeal at the U.S. Court of Appeals for the Sixth Circuit after a mixed summary judgment ruling in the district court.1

Where the Case Stands in 2026

On March 30, 2026, U.S. District Judge Charles Esque Fleming issued the summary judgment ruling that reshaped the case. The court dismissed all claims against Officer Lewis and the City of Cleveland Heights. Wolf’s own motion was granted in part and denied in part, leaving him as the sole remaining defendant on the surviving counts.

The critical piece for Kern was the qualified immunity analysis. Judge Fleming rejected qualified immunity for both Wolf and Lewis on the Fourth Amendment claims for unlawful detention and false arrest, finding the officers lacked probable cause to believe Kern had committed obstruction. The court wrote that “Wolf and Lewis did not have probable cause to believe that Plaintiff had committed an affirmative act with the purpose to prevent, obstruct, or delay the performance of a public official,” and noted that “Plaintiff did not insert himself directly into the traffic stop and he was never asked to leave the scene once, let alone five times.”

Kern’s own motion for partial summary judgment on certain state law claims was denied. The case was terminated at the district court level on April 24, 2026.

The Sixth Circuit Appeal

The appeal is docketed as case number 26-3369 at the U.S. Court of Appeals for the Sixth Circuit. As of June 2026, the parties are in the briefing stage, filing their written arguments with the appellate court. The Sixth Circuit’s decision will determine whether Kern’s surviving Fourth Amendment claims against Sergeant Wolf proceed to trial or are dismissed, and whether any of the claims thrown out below can be revived.

No settlement has been recorded at any stage of the litigation, either before or after the summary judgment ruling.

What Kern Sued Over

Kern filed suit on July 7, 2023, in the U.S. District Court for the Northern District of Ohio. The complaint brought federal claims under 42 U.S.C. ยง 1983, including Fourth Amendment claims for unlawful detention, false arrest, and excessive force, a First Amendment retaliation claim for filming and criticizing officers, and a Monell claim against the City for failure to train. State law claims included assault and battery against Wolf, false arrest and unlawful imprisonment against both officers, malicious prosecution, and negligence against the City.

Kern sought at least $500,000 in damages. His attorneys argued that “it is clearly established law that an obstruction of official business charge cannot be maintained based on an individual’s mere refusal to provide identification, particularly where the individual has not been involved in a crime.”

How the Traffic Stop Happened

On September 22, 2022, Kern was driving in Cleveland Heights when Officer Lewis, attempting to pull over a different vehicle, allegedly cut him off with her cruiser. Kern pulled over and waited so he could ask Lewis for her badge number to file a complaint.

When he approached, Sergeant Wolf arrived and demanded Kern’s identification. Kern refused, saying he had not committed any violation. Body-camera footage reviewed by reporters captured Wolf threatening arrest for obstruction and telling Kern, “Dude, have a seat, I’m not putting up with your bull—-.” Lewis reportedly told Wolf that Kern had not committed a crime, but Wolf ordered the arrest anyway and told Lewis to write the citation. Lewis later apologized to Kern, saying, “I’m just doing what my supervisor said.”

Kern was handcuffed and cited for obstruction of official business under a Cleveland Heights ordinance. On October 3, 2022, the city prosecutor moved to dismiss the charge, citing insufficient evidence and “additional evidence which raises a reasonable doubt as to the defendant’s guilt.” Edited body-camera clips posted to YouTube in late January 2023 drew wide attention and prompted a public response from Cleveland Heights Mayor Kahlil Seren, and Police Chief Chris Britton later ordered Wolf to attend de-escalation training. The federal lawsuit followed months later.

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