Giron v. City of Alexander
Citation | 693 F. Supp.2d 904 |
Decision Date | 05 March 2010 |
Docket Number | Case No. 4:07-CV-00568 GTE. |
Parties | Arnoldo GIRON, et al., Plaintiffs v. CITY OF ALEXANDER, Arkansas, et al., Defendants. |
Court | U.S. District Court — Eastern District of Arkansas |
Reggie Koch, Koch Law Firm, Little Rock, AR, for Plaintiffs.
John Lennon Wilkerson, Arkansas Municipal League, North Little Rock, AR, for Defendants.
For the reasons explained below, the Court concludes that Defendant Alexander Police Officer Tommy Leath, contrary to his own sworn oath, violated the constitutional rights of each of the Plaintiffs whose claims were tried in this proceeding. Officer Leath engaged in racial profiling prohibited by Arkansas statute, the Arkansas Constitution, the United States Constitution, and the City of Alexander's own written policy. Officer Leath also illegally seized one of the Plaintiffs, thereby violating the Fourth Amendment of the United States Constitution and the Arkansas Constitution. Chief Spears, who supervised Officer Leath and ran the Alexander Police Department ("Department"), was deliberately indifferent to ongoing and systemic racial profiling of which he was aware. Additionally, municipal liability is imposed on the City of Alexander because it permitted Office Leath to establish and to carry out a custom and practice of engaging in racial profiling.
It is useful to define the term "racial profiling" as used in this case. The term does not refer to a situation in which a person's race or ethnic characteristics are legitimately considered by an officer in deciding whether to apprehend an actual suspect in a known crime.1 Nor does it present the more difficult and complex issues arising when factors such as race, nationality, sex, religion, language, and certain personal characteristics—and reasonable inferences drawn therefrom—may rationally and reasonably be considered to narrow the focus of an investigation, or to help in the identification of likely suspects. Assuming such factors have been validated by objective, scientifically or statistically based data, investigators in such situations are not required to close their eyes (or minds) to those facts and circumstances any rational investigator would consider, along with all other pertinent information, in preventing or solving crime.
Arkansas law reflects this dichotomy by defining the term "racial profiling" as follows:
This statute also prohibits all Arkansas law enforcement officers from engaging in racial profiling.3
Here it is clear, based on the Court's findings, that Officer Leath's true objective was not to enforce traffic laws prohibiting people from driving with their vision obstructed or other minor infractions. Rather, the neutral traffic laws were used as a pretext for harassing Hispanics (whether here legally or illegally),4 for obtaining money through fines and towing charges for the financially troubled City of Alexander, and to provide an incentive for Hispanics to move out of the area—clearly illegitimate objectives.
The action was originally filed by ten Hispanic Plaintiffs. Plaintiffs allege that they were victimized by the Defendants' "routine and continuing practice of race and national origin-based traffic stops, detentions, searches, charges, and discriminatory and oppressive vehicle towing policies."5 The named Defendants in the action are the City of Alexander ("City" or "Alexander"), Alexander Police Chief Allen Spears ("Spears"), and Alexander Police Officer Tommy Leath ("Leath"). Plaintiffs claim that Defendants violated the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution, 42 U.S.C. § 1981, the Arkansas Civil Rights Act of 1993, the Arkansas Constitution, and the Arkansas common law torts of trespass to chattel and conversion. Plaintiffs seek compensatory damages against all Defendants, and also seek an award of punitive damages against Defendants Spears and Leath. During the summary judgment phase, the Court granted Defendants' Motion for Summary Judgment on Plaintiffs' substantive and procedural due process claims, but permitted all other claims to proceed.6 The Court requested additional briefing on the Fourth Amendment claims. In response, Defendants filed a Supplemental Motion for Summary Judgment. The Court took the motion under advisement and did not resolve it before trial.7
The trial began with seven Plaintiffs: (1) Edvin Giron; (2) Roberto Giron; (3) Jose Gutierrez; (4) Ruben Duarte; (5) Jose Llamas; (6) Francisco Arevalo; and (7) Florencio Villanueva. Plaintiffs Arnoldo Giron and Juan Carlos Jauregui were non-suited on the first day of trial and dismissed without prejudice.8 Jose Llamas was dismissed without prejudice at the conclusion of the Plaintiffs' case after he did not appear for trial.9
Although the parties originally had requested a jury trial, shortly before trial they waived that right and asked that the case be tried to the Court. The bench trial began on October 26, 2009, and concluded on October 28, 2009.10
At the conclusion of the trial, the Court took the case under advisement and requested additional briefing from the parties. The Court left the record open for either party to submit additional information regarding the Hispanic population living or driving in Alexander and the surrounding area. The Court asked Defendants to provide a list of all...
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