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A Cleveland-area police officer was initially fired for using excessive force on a man and was captured on video for said incident.

Now, despite that termination, he is getting his job back and returning to duty in the same city and police district where that use of force took place.

Nicholas Foti will once again work for the East Cleveland Police Department, according to a “ruling” that “was issued by attorney Bruce B. McIntosh, of Cincinnati, that was sent to East Cleveland officials Friday.”

From WJW Fox 8 News Cleveland:

The letter dated July 9 also orders the city to pay Foti back pay. Foti was fired in March. Officials with the Fraternal Order of Police, who represent Foti, filed an appeal. The arbitration hearing was held last week.

“It is my opinion that the lag in time compromised the due process rights of the grievant,” McIntosh’s ruling stated. “Even though there were five officers at the scene, allegations of excessive force were not discovered for almost a year. It is hereby ordered that the grievant be returned to the city’s employ as an officer with the East Cleveland Police Department.”

The incident took place on Apr. 1 back in 2020.  Officials did not learn about the excessive force incident and video showing that officer’s use until March of 2021.

According to the East Cleveland Police Chief, Scott Gardner, “the officer’s conduct violated the department’s policies. The chief said internal reviews are also being done on the other officers that were there at night to determine if they saw Foti stomp on the man’s head.”

So what was the reason Foti stomped on a man’s head in the first place.  It was due to “traffic violations” in which the man being cited for.  As a result of the stomping, the man who was cited now has a “permanent scar on his head,” according to his attorney.

Foti is scheduled to return to the force in East Cleveland on July 19 and is being “assigned to the Automatic Traffic Camera Unit.”

Not everyone in East Cleveland wants Foti back in the first place.

“He should not get his job back,” as mentioned by Councilwoman Juanita Gowdy, who adds that she is ” devastated.”

Should Nicholas Foti return to duty as an East Cleveland Police Officer, or should he have just stayed off duty for good?

WARNING: Video below is graphic

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Article and Video Courtesy of WJW Fox 8 News Cleveland

First and Second Picture Courtesy of Jeremy Hogan and Getty Images

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