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A federal appeals court has cleared the way for former Cincinnati Fire Chief Michael Washington’s lawsuit against City Manager Sheryl Long to proceed. The court ruled that Long is not protected by qualified immunity from Washington’s claims involving due process and alleged defamation. The case now returns to federal district court, where a jury could decide the remaining issues.
The lawsuit of Michael Washington can proceed after a federal appeals court ruled that Cincinnati City Manager Sheryl Long is not shielded by qualified immunity.
The said lawsuit returns to federal district court, where a jury will consider remaining claims over his 2023 firing.
The U.S. Court of Appeals for the Sixth Circuit issued the ruling Thursday, Aug. 13. The decision keeps Washington’s claims against Long alive and sends the case back to the U.S. District Court for the Southern District of Ohio.
According to WVXU, the appeals court ruled that Washington had a protected employment interest under the Cincinnati City Charter. The charter allowed his removal only for cause after he had served in the position for more than six months.
The court’s decision follows a 2025 federal district court ruling. That court found that Long and the city failed to provide Washington with adequate pretermination due process.
Michael Washington lawsuit centers on 2023 firing
The Michael Washington lawsuit stems from his March 24, 2023, termination as Cincinnati fire chief. Washington had worked for the Cincinnati Fire Department for about 30 years before Long removed him.
Washington became fire chief in May 2021. He oversaw a department with roughly 800 employees, according to the federal court’s 2025 findings.
Long summoned Washington to City Hall on March 24, 2023. She then informed him that his employment would end immediately and gave him a termination letter.
The letter cited several concerns about Washington’s leadership and management of the department. Those concerns included:
- Workplace culture within the Fire Department
- Washington’s absence from a high-rise fire
- Handling of personnel matters
- Management of a new training facility
- Communication with Long and other city officials
Long also cited concerns involving the treatment of women within the Fire Department.
According to WVXU’s 2023 report, Long said multiple female employees had raised concerns about a hostile or unhealthy workplace environment. The city also said Washington had not completed a workplace climate assessment and had faced concerns over the implementation of gender-related training.
Washington disputed the allegations and argued that Long violated his constitutional rights by terminating him without a hearing.
Michael Washington lawsuit raises due process questions
The central due process issue involves whether Washington should have received notice and an opportunity to respond before losing his job.
Federal law generally requires certain public employees to receive a pretermination process when they have a protected property interest in their jobs. The district court previously determined that Washington’s position carried such protection under Cincinnati’s charter.
The district court found that Washington had become eligible for the charter’s for-cause protection after six months of employment. It also concluded that Long and the city failed to provide adequate pretermination procedural due process.
That finding did not resolve every issue in Washington’s case.
The 2025 ruling left several questions for a jury. Those questions included whether the city had cause to terminate Washington, whether his posttermination process was adequate and whether he waived that process.
The court also left Washington’s defamation allegations for trial.
The district court’s ruling gave Long qualified immunity on Washington’s separate posttermination federal due process claim. It did not give her immunity from the pretermination due process claim.
Appeals court rejects immunity for Long
The latest ruling focuses in part on whether Long could avoid personal liability through qualified immunity.
Qualified immunity can protect government officials from civil liability when their conduct does not violate clearly established constitutional rights. The doctrine does not automatically protect officials accused of violating established rights.
The appeals court’s ruling means Long cannot use qualified immunity to end Washington’s claims at this stage.
The decision does not mean Washington has won the entire lawsuit. Instead, it allows the remaining disputes to proceed toward a jury trial.
The distinction matters because the court has not yet determined the final amount of damages, if any, Washington should receive.
A federal jury must still consider factual disputes involving the termination and alleged defamatory statements.
Michael Washington lawsuit returns to district court
The Michael Washington lawsuit now returns to the Southern District of Ohio for further proceedings.
WVXU reported that the case had previously been scheduled for trial on Sept. 29, 2025. The city appealed the district court’s decision, which paused those proceedings.
The appeals court ruling removes that obstacle and allows the case to move forward again.
The federal district court’s 2025 order identified four major issues for trial:
- Whether Washington received an adequate posttermination process.
- Whether Washington waived his right to that process.
- Whether the city had cause to terminate him.
- Whether Long defamed Washington.
The court will also have to address any damages that Washington may recover.
No new trial date has been announced in the latest reports.
What Long said about Washington’s termination
Long’s original explanation for Washington’s firing focused heavily on workplace culture and management concerns.
The city said several women had raised concerns about how employees were treated during Washington’s tenure. Long also criticized Washington’s handling of a workplace climate assessment and gender-related training.
The city cited additional management issues in Washington’s termination documentation. Those included his absence from a February 2023 high-rise fire and concerns about personnel decisions.
Washington’s lawsuit challenges the city’s account of events. He alleges that Long made false statements about his conduct and performance.
A federal judge previously determined that Washington’s defamation claims could proceed against Long in her individual capacity. The judge found that factual disputes remained over whether Long’s statements were false and whether she acted with the required level of fault.
The city itself received statutory immunity on the state-law defamation claims under the 2025 ruling.
Trial could determine outcome of Washington case
The appeals court’s decision moves the Michael Washington lawsuit closer to a jury’s consideration.
Washington must still prove the claims that remain disputed. The city and Long can continue to defend the reasons given for Washington’s termination.
The appeals court ruling does not establish that Washington was entitled to keep his job. It confirms that his claims should not end based on Long’s qualified immunity defense.
The case also has broader implications for how Cincinnati handles disciplinary action involving high-ranking city officials. Cincinnati’s charter provides specific protections for certain department heads who can be removed only for cause.
The issue has gained additional attention following the 2026 firing of former Cincinnati Police Chief Teresa Theetge. Her attorney also represents Washington and has cited Washington’s case while challenging the process surrounding Theetge’s dismissal.
The two cases involve different circumstances, but both have raised questions about how Cincinnati officials handle the removal of department chiefs.
For Washington, the next stage will return the dispute to federal court. A jury will ultimately decide the remaining factual questions if the case proceeds to trial.
According to WLWT, Washington’s case previously received a partial victory when a federal judge found that his pretermination due process rights had been violated. The latest appeals court ruling allows the broader lawsuit to continue.
Readers can review the federal district court’s 2025 ruling for the findings that remain relevant to the case. The Sixth Circuit’s case records also provide information about the federal appeal.
FAQs
Why was Michael Washington fired?
Cincinnati City Manager Sheryl Long fired Washington on March 24, 2023. The city cited workplace culture, management, personnel issues, communication and other concerns involving his leadership of the Cincinnati Fire Department.
What did the court say about Washington’s firing?
A federal district court ruled in 2025 that Cincinnati and Long violated Washington’s pretermination due process rights. The Sixth Circuit has now allowed his claims to continue despite Long’s qualified immunity defense.
Will Michael Washington’s case go to trial?
The case is returning to federal district court for further proceedings. A jury could decide whether the city had cause to fire Washington, whether Long defamed him and what damages he may receive.
What happens to Sheryl Long now?
Long remains a defendant in Washington’s lawsuit on claims that survived the appeals process. The latest ruling does not determine whether Washington will ultimately win those claims or receive damages.
