A lawsuit filed by former prosecutor and now private attorney Craig Weintraub accused EMS and Cleveland City Hall of violating its own policies by failing to discipline a paramedic who was accused of sexually assaulting a patient in the back of a city ambulance.
"My claim is against the city for not enforcing their policies and procedures that could have prevented the second situation from occuring," Weintraub said.
The "second" situation Weintraub is referring to involves another sexual assault that occurred five months later.
The same paramedic, Glenn Burks, was also accused in that alleged attack.
Following the first incident, the city decided not to discipline Burks. Even Burks' union representative, Steve Palek, was surprised at the city's decision.
"When something is investigated of this nature, of this magnitude, the person is usually placed on administrative leave with or without pay," Palek said.
Palek explained that EMS employees have been disciplined for things much less serious, such as failing to get a patient's signature on a bill.
Palek argued that EMS employees are disciplined disproportionately compared to the city's other safety forces.
"Our discipline is through the roof. It's demoralizing to the membership," Palek said.
Burks was cleared of all criminal charges but Weintraub said it's remarkable he was involved in two allegations of sexual assaults on males who don't know each other.
The mayor's office refused to allow Channel 3 News to interview EMS commissioner Ed Eckart or anyone in the administration regarding the lawsuit, saying it's still in court.
In a written response to allegations made in the lawsuit, the city denied allegations of any wrongdoing.
Three years ago, Burks was disciplined for five days for sleeping on the job.
WKYC-TV