Pubdate: Thu, 12 Aug 2004 Source: Racine Journal Times, The (WI) Copyright: 2004, The Racine Journal Times Contact: http://www.journaltimes.com/ Details: http://www.mapinc.org/media/1659 Author: Jeff Wilford Bookmark: http://www.mapinc.org/topics/Racine+police Bookmark: http://www.mapinc.org/raves.htm (Raves) ARREST FACTS JUST 'DIDN'T ADD UP': LAWSUIT RACINE - When the City of Racine dismissed more than 400 municipal citations it had given people for attending a rave-like party, it was done to head off a possible class-action civil rights lawsuit. In return for that, and other steps taken by the city, the American Civil Liberties Union agreed not to bring or help bring such a lawsuit against the city. Jason Witheril was not part of that deal. Witheril was at the party that ran late Nov. 2 and early Nov. 3, 2002. He was in a restroom stall when uniformed Racine police officers kicked in the stall door and arrested him. Witheril claims police violated his civil rights - his right to privacy in a restroom stall, his right to attend a large event, and his right not to be unreasonably searched and arrested - and has filed a lawsuit against police and the city. He's asking for unspecified compensatory and punitive damages. Witheril's attorney, Jill Packman, offered to settle the case with the city for an undisclosed amount of money. But the city's finance committee rejected that offer, and the Racine City Council will take up the matter Tuesday. In the lawsuit, Witheril claims he went to an electronic music party at the Tradewinds Village, 1518 Washington Ave., on Nov. 2, 2002. Police, acting on a tip that the party was a rave and there was drug use going on, raided the party. Witheril was in the restroom, in a restroom stall when police kicked in the stall door, yanked him out, threw him to the floor and held a gun to his head, according to his complaint. He claims he was handcuffed, forced to wait an hour inside the Tradewinds Village, another two hours at the police paddy wagon outside, and three more hours at the Racine County Jail. Witheril said police issued him a municipal citation for possession of marijuana. They found two marijuana cigarettes on the bathroom floor in the stall where he had been. Packman said police used unreasonable and excessive force when they detained Witheril. Just holding the gun to his head constituted deadly force, she said, citing a federal court ruling. In their response to the lawsuit, filed three weeks later, police denied putting a gun to Witheril's head, or to giving him a municipal citation for drug possession. Police said they arrested and charged him criminally for possession of marijuana. Witheril filed a complaint about the arrest with the Racine Police and Fire Commission. When he was questioned by the Police Department's Internal Affairs division, Witheril admitted he was scared, wasn't sure if all the officers had their guns and that he didn't see the gun put to his head because his eyes were closed, according to police reports. Witheril said he felt the gun touch his jaw. Packman said there's a lot about the police department's version of what happened that doesn't add up. She said various police reports on the raid don't always include the same information. "It's really unclear from the reports who did what," Packman said. For example, she said that two of the officers who entered the restroom never mentioned seeing suspicious movement by Witheril until after Witheril had filed a complaint with the Racine Police and Fire Commission. When they were interviewed by Internal Affairs, the two officers then said they saw Witheril moving around in the stall. One officer said he could see Witheril standing atop the toilet, apparently trying to put something on the windowsill there. Packman said it doesn't make sense that police would fail to mention those details in their original reports if they really happened. "When you're trying to bust somebody for leaving drugs on a bathroom floor, and you fail to mention details that would virtually guarantee that person faces charges, it's somewhat questionable," Packman said. Since the lawsuit was filed, the city tried to keep out as evidence the fact that it had dismissed 440 citations issued at the party. All those citations, save for Witheril's, were irrelevant to the lawsuit, the city claimed. Packman disagreed, saying the mass issuance, and later dismissal, of citations is crucial to Witheril proving his civil rights were violated, and the city's liability for it. Judge Charles Constantine denied the city's motion in April. The case is scheduled for trial on Nov. 15. - --- MAP posted-by: Richard Lake