ACLU SUING CHP OFFICER; DEAF MOTORIST CLAIMS BULLYING.

Byline: Stacy Brown Daily News Staff Writer

The ACLU filed a federal lawsuit Tuesday against a California Highway Patrol officer accused of threatening to sue a deaf motorist who filed a complaint against him.

An attorney with the American Civil Liberties Union said Officer Richard Gibson's threat of a defamation-of-character suit violated the free-speech and petition rights of motorist Jason Kaldani.

``A police officer's badge is not a license to bully,'' ACLU attorney Dan Tokaji said. ``Clearly, the officer's threat was meant to intimidate our client for exercising his constitutional and civil rights. The fact that our client is deaf does not mean he is silent.''

According to the lawsuit, Gibson violated the Americans With Disabilities Act by failing to provide Kaldani with a means of communicating with him during the traffic stop.

Kaldani was stopped on the Golden State Freeway near Newhall in January for going 80 mph in a 65-mph zone. Tokaji said Gibson refused to communicate on paper with Kaldani after realizing he was deaf.

``He refused to tell him why he had been stopped and, instead, he started rummaging through (Kaldani's) car apparently looking for his license,'' Tokaji said.

``He found (Kaldani's) wallet on the seat and started going though that,'' the lawyer said. ``Then he made our client wait in the car for about 30 minutes, not telling him what he did wrong.''

Only after a second CHP officer was called to the scene was Kaldani told, in writing, that he had been stopped for speeding, Tokaji said.

After the ticket was issued, Kaldani, who was visiting from Arlington, Va., wrote on a piece of paper that he needed directions to the nearest gasoline station. Gibson refused to provide them, Tokaji said.

Kaldani later complained to CHP Capt. Gregg Augusta, who appointed an investigator to look into the claims.

On June 28, Augusta wrote Kaldani to tell him the CHP had concluded that Gibson ``conducted himself in a professional manner'' and that his conduct ``appears to have been proper and within departmental policy.''

``Officer Gibson is exonerated of any wrongdoing regarding this matter,'' the commander wrote.

Then, on Sept. 8, Gibson wrote Kaldani and threatened to file a lawsuit for defamation of character in Small Claims Court against him. But he suggested the matter could be settled for $5,000 and a written apology.

``At this time I will offer you two alternatives to settle this lawsuit,'' the ACLU lawsuit quotes from Gibson's letter. ``The first is a mediation service offered by the Los Angeles County Department Community Service. The second is an out-of-court settlement.

``I am sorry this had to come to this, but you brought it upon yourself. The next time you are contacted by a peace officer, and you are treated in a professional manner, you might think twice about being vindictive just because you received a traffic citation.''

ACLU attorney David Schwartz told City News Service that Gibson's letter was ``a clear attempt to extort money'' from his client.

CHP spokesman Officer Ernie Garcia said it is unusual - but not prohibited - for officers to speak directly to those who file complaints against them.

``We do not encourage or discourage officers to file lawsuits,'' he said. ``It is a right granted to the officers by the Civil Code.''

But because the CHP is not named in Gibson's lawsuit and because officials have not seen a copy of it, the CHP could not comment, Garcia said.