Pubdate: Sat, 07 Jul 2001
Source: Courier-Journal, The (KY)
Copyright: 2001 The Courier-Journal
Contact:  http://www.courier-journal.com/
Details: http://www.mapinc.org/media/97
Author: Shannon Tangonan
Bookmark: http://www.mapinc.org/racial.htm (Racial Issues)

OFFICER MAKES CLAIM OF RACIAL PROFILING

African American Files Suit Against Jefferson Police

A Louisville police sergeant filed a federal lawsuit yesterday 
against the Jefferson County Police Department and two of its 
officers, claiming he was a victim of racial profiling on two 
occasions last year.

Sgt. Lopez High, who is African American, filed the lawsuit in U.S. 
District Court alleging his civil rights were violated last July by 
two county police officers. The officers pulled up when High's car 
broke down on Fern Creek Road and questioned him as though he were a 
''suspected drug dealer,'' said Thomas Clay, High's attorney.

Two weeks later, the lawsuit claims, High was the subject of 
profiling again when one of the officers from the earlier incident 
pulled him over on Fegenbush Lane. High is asking for $250,000 in 
damages.

The lawsuit names Jefferson County police Officers Mark Fuchs and 
Steve Moran -- who are both white -- as defendants, as well as the 
department. Both Fuchs, who has been with the department for two 
years, and Moran, for three years, work in the Baker District in 
south-central Jefferson County.

''We cannot comment on any pending litigation at this time,'' said 
Officer Stacey Redmon, a Jefferson County police spokesman.

But Clay said the incidents could signal a larger problem.

''The actions of these two officers appear to present a problem which 
may be widespread,'' Clay said. ''Fortunately the individual targeted 
for racial profiling in these two instances happens to be a police 
officer who knew how to react appropriately.''

The Jefferson County Police Department in December began documenting 
both traffic and pedestrian stops to address the issue of racial 
profiling. The department's statistics have shown, however, that 
about four times as many whites as African Americans were stopped -- 
a figure close to the racial makeup of the county, including the city 
of Louisville.

High, in the lawsuit, claims he was ''deprived of his right to be 
free from unreasonable searches and seizures'' when his car broke 
down on Fern Creek Road on July 14.

As the car was about to be towed, Fuchs and Moran ''pulled up and 
were kind of scoping the car,'' Moran said. They noticed that his 
vehicle registration had expired and ordered him to produce a current 
decal, which he did, Clay said. When they asked him to put the decal 
on his license plate, High refused, explaining that he would comply 
after the car was hauled away, Clay said.

During the incident, the lawsuit alleges, Fuchs called High ''boy,'' 
used profanity, and ordered him to put his hands on the car's hood 
after he walked toward an acquaintance across the street. ''Defendant 
Fuchs yelled at the plaintiff, 'Hey boy, get your ---- ---- over 
here,' '' the lawsuit said. High refused, the lawsuit said.

After further conversation, Fuchs asked High what he did for a living 
and High responded, ''I do the same thing you do, except in a more 
professional manner,'' the lawsuit said.

Moran later cited High for improper registration and no insurance, 
even though he had proof of both, Clay said. The charges were later 
dropped.

''The problem is this is a stranded motorist who was interrogated in 
a manner similar to a suspected drug dealer,'' Clay said. Referring 
to High as ''boy'' is ''paramount to a racial epithet,'' he said.

Jefferson County Police Chief William Carcara, in a letter addressed 
to High and dated Aug. 7, said Fuchs would receive an oral reprimand 
and that Moran and the officers' sergeant were exonerated in the 
incident. The document was provided to The Courier-Journal by Clay.

Although the traffic charges against High were eventually dropped 
after both sides agreed to certain facts in the case, the lawsuit 
alleges the defendants tried unsuccessfully to have the case tried or 
to have the presiding judge find ''probable cause'' for the citation, 
''continuing the prosecution needlessly against the plaintiff.''

In the second incident, High said he was pulled over on or about July 
28 when he was traveling on Fegenbush Lane, according to a complaint 
affidavit filed by High with the county police internal affairs unit.

High was in a Chevrolet Cavalier that passed a county police vehicle 
driven by Moran, he said in the affidavit. The county police cruiser 
pulled out and followed him for two miles before he was pulled over, 
High said.

Moran asked for his driver's license, which High produced along with 
his police badge, the affidavit said. High said that Moran told him 
he was ''all over the roadway,'' but the affidavit states he believes 
he was pulled over ''because I am a black man in a black car with 
tinted windows and he just wanted to see who was driving this car.''

The department informed High that there would be no disciplinary 
action in the matter, according to an Aug. 23 letter signed by 
Carcara and provided to The Courier-Journal by Clay.

Clay said High was disappointed with the outcome of both 
investigations. ''Sgt. High is very concerned that if he had not had 
his police powers and not been trained appropriately, that these 
situations could have generated into something much more serious,'' 
Clay said.
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