Pubdate: Sat, 10 Mar 2001
Source: Albuquerque Journal (NM)
Copyright: 2001 Albuquerque Journal
Contact:  P.O. Drawer J, Albuquerque, N.M. 87103
Website: http://www.abqjournal.com/
Author: Guillermo Contreras, Journal Staff Writer

HOBBS LOSES HARASSMENT SUIT

A federal jury in Albuquerque determined Friday that the city of Hobbs
should pay $150,000 to a 52-year-old man who sued over alleged police
harassment.

Jurors deliberated a day and a half before finding officer Stan Durham
liable of violating the search and seizure constitutional rights of
Liberato Olivas. The allegation against Durham was that he planted
evidence -- a small amount of marijuana -- on Olivas so he could be
arrested in 1999.

The jury awarded Olivas $50,000 in compensatory damages and $100,000
in punitive damages for Durham's alleged actions. The jury verdict,
and subsequent reading of the jurors' note, sent shock waves through
the defense.

Hobbs Police Chief Tony Knott called the verdict "incredible," in
light of trial testimony and arguments that Olivas was a heroin addict.

Olivas' attorneys said Olivas voluntarily enrolled in a methadone
program, and Olivas said he has been drug-free for six months.

"It's clear to us they (jurors) were confused by the definition of
planting evidence," Knott said. "Stan Durham did not plant any drugs.
To say we planted evidence on Mr. Olivas is outrageous and can taint
the reputation of a fine police officer."

Jurors found three other officers named as defendants did not violate
Olivas' constitutional rights, and they determined there was no
pattern of police harassment.

After the verdict was announced, U.S. District Judge Bruce D. Black
dismissed the jurors and read aloud a note given to him by the jury.
The note said the jury didn't believe Durham had planted the
marijuana, but that he had pinpointed the wrong person to arrest. The
note also said jurors made the decision based on an unspecific
definition of planting evidence they were provided for
deliberations.

The liability point in the jury verdict was over an incident in
January 1999, one of a series of police contacts that Olivas alleged
in his November 1999 lawsuit amounted to a pattern of harassment.

During that incident, Olivas was one of two passengers in a car
stopped by Hobbs police. Testimony showed marijuana was found on the
floorboard of the front passenger's side, where Olivas was sitting,
but the driver, who owned the car, had rolling papers. A small amount
of marijuana was also found on the rear floorboard, near where the
second passenger was sitting.

According to testimony, Durham made a determination to arrest Olivas
on a misdemeanor charge of possession of less than an ounce of
marijuana. The other two men were not arrested. The charge against
Olivas was later dismissed.

Hobbs Police Chief Knott said the jury verdict sends a wrong message
to law enforcement.

"Anytime we make a decision on probable cause to arrest somebody based
on contraband, and if we make what the jury feels is the wrong
decision, then we're going to be guilty of planting drugs," Knott said.

Olivas said he was pleased with the verdict.

"I just hope that hopefully the (alleged) harassment will stop,"
Olivas said.

Testimony in the trial began Monday and ended Thursday. It brought out
issues raised in other lawsuits in federal court against the Hobbs
Police Department -- particularly allegations that Hobbs police
officers target ethnic minorities. Knott has denied such conduct and
has defended the professionalism of his department.

Olivas' attorneys, Robert G. Cates of Albuquerque and Glen L. Houston
of Hobbs, said the verdict solidifies sentiments in the community that
police should not exceed their authority.

"We want the law enforced, but we don't want it abused," Houston said.
- ---