by Jesse Hathaway

Derrick J. Washington of Cleveland has spent nearly nine months fighting city law enforcement officials to retrieve his legally licensed and registered firearm, which is being held as evidence following his arrest after he reported a potential crime in progress.

Washington is suing the City of Cleveland in federal court, alleging that the city’s policy of requiring citizens to pay a fee to retrieve private property from evidence is “intentionally and maliciously designed to expropriate firearms legally owned” by citizens — ultimately resulting in a violation of his Second Amendment rights.

According to Cleveland Division of Police records obtained by Media Trackers, Washington called emergency responders to report having heard gunshots in the area of a nearby traffic accident.

When police arrived on the scene to investigate, they arrested the witness as well as the individuals involved in the two-vehicle collision.

Incorrectly believing there was an outstanding warrant for Washington’s arrest, Cleveland police searched his car, confiscating his pistol and concealed handgun license without a search warrant.