Pubdate: Sat, 11 May 2002 Source: Dallas Morning News (TX) Copyright: 2002 The Dallas Morning News Contact: http://www.dallasnews.com/ Details: http://www.mapinc.org/media/117 Author: Todd Bensman FAKE-DRUG LAWSUIT TARGETS SUPERVISORS Bolton, 2 Commanders Named In Filing Citing Lax Police Oversight Plaintiffs in a federal civil-rights lawsuit stemming from faulty drug arrests have added Dallas Police Chief Terrell Bolton and two other commanders to the list of defendants, court papers show. The motion, filed Friday on behalf of nine people whose drug cases were dismissed, seeks to add the police chief, Deputy Chief Bill Turnage and Deputy Chief John Martinez to the lawsuit, which had previously named the city and two narcotics officers. The complaint cites lax supervision of the officers by the department. Mark Goldstucker, assistant city attorney, said the city will dispute the claims of supervisory failure and deliberate indifference. "That's simply not the case," he said. "There's more to it than when did somebody know something and what did they do about it." Background Coverage of the ongoing investigation from The Dallas Morning News and WFAA. Chief Bolton said he could not comment on pending litigation. Chiefs Turnage and Martinez could not be reached for comment. Also on Friday, U.S. Attorney Jane Boyle announced that the Department of Justice had advised her office to recuse itself from the pending FBI investigation into the arrests. The review by the Justice Department came at Ms. Boyle's request. Prosecution of the case has been turned over to the Justice Department's criminal section of the civil-rights division, according to a news release. Officials said that details about the recusal would not be discussed because of the pending investigation. The new complaint, citing "a complete breakdown in supervision," said Chiefs Martinez and Turnage, formerly a narcotics unit lieutenant, did not take preventive measures despite many "red flags and warning signs." The complaint said the warning signs began when drug evidence that had tested positive in the field was determined in later tests not to be illegal substances. Chief Turnage was promoted the following month after his narcotics division unit had a string of record busts. The complaint said that instead of asking questions, the supervisors continued for weeks to authorize record cash payments to questionable informants after additional cases involving fake drugs were found. That led to prolonged jail time for those wrongly accused and led to more unnecessary arrests, the filing said. Mr. Goldstucker said civil-rights case law requires that the plaintiffs prove the city's policies and practices as a whole - not actions by individual supervisors - resulted in constitutional violations for which taxpayers would be required to pay damages. "I can't go into specifics about dates and times and who knew what and when," Mr. Goldstucker said. "But what I can tell you is it's the city's position that there was no policy or practice that resulted in constitutional violations that the plaintiffs allege." The Dallas County district attorney's office has identified more than 80 Dallas police narcotics cases tainted after the fake-drug cases surfaced Dec. 31. About two dozen cases involved fake or no drugs, and others were dismissed because of questions surrounding Senior Cpl. Mark Delapaz, Officer Eddie Herrera and their paid informants. The complaint filed with the motion to expand the lawsuit Friday also said Chief Bolton did not place any officers on routine paid suspension for weeks after Nov. 30, when he said an internal investigation had been ordered. He placed the officers on paid leave Jan. 15. The plaintiffs said Chief Turnage shouldn't have had command of the street narcotics squad when the city "had actual notice of previous supervisory concerns." In 1994, Chief Turnage served as a shift supervisor over a group of officers in the southeast substation who were fired or disciplined that year for too zealously pursuing drug dealers. Three officers were disciplined for allegations such as illegally entering and searching apartments. In a previous response to the lawsuit, Cpl. Delapaz and Officer Herrera said they followed orders from their supervisors to continue making drug busts with the informant after they were told a polygraph test had cleared him. On Friday, the number of drug cases dismissed by the Dallas County district attorney's office reached 80 when four more cases were thrown out. Staff writers Robert Tharp and Tim Wyatt contributed to this report. - --- MAP posted-by: Jay Bergstrom