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. - --- MAP posted-by: Josh Sutcliffe