City to appeal police-search case.Byline: Bill Bishop The Register-Guard The city is appealing a federal judge's ruling last month that cleared the way for trial in a lawsuit by Cortez Jordan, the young black man who says a Eugene police officer singled him out on the basis of race for questioning outside a nightclub in 2004. Jordan's lawyer, Kevin Lafky of Salem, called the appeal a delaying tactic by the city. The trial had been set for Oct. 31. The appeal could take a year to 18 months, Lafky said. Lawyers handling the suit for the city are out of town the rest of the week and could not be reached for comment. U.S. Magistrate Any individual who has the power of a public civil officer or inferior judicial officer, such as a Justice of the Peace. The various state judicial systems provide for judicial officers who are often called magistrates, justices of the peace, or police justices. Judge Tom Coffin ruled last month that there is no evidence of a city police policy condoning racial profiling The consideration of race, ethnicity, or national origin by an officer of the law in deciding when and how to intervene in an enforcement capacity. Police officers often profile certain types of individuals who are more likely to perpetrate crimes. as the basis for police stops. However, the judge ruled that the lawsuit could go to trial on another allegation The assertion, claim, declaration, or statement of a party to an action, setting out what he or she expects to prove. If the allegations in a plaintiff's complaint are insufficient to establish that the person's legal rights have been violated, the defendant can make a - that officer Wayne Dorman lacked reasonable suspicion Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. that Cortez Jordan had committed a crime when he stopped Jordan to ask him whether he was carrying a gun. Jordan did not have a gun. The city is liable for any damages that may be awarded in the case against Dorman. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. court records, the crux Crux (kr  ks) [Lat.,=cross], small but brilliant southern constellation whose four most prominent members form a Latin cross, the famous Southern Cross. of the legal argument revolves
around the constitutional protection against unreasonable search and
seizure unreasonable search and seizure n. search of an individual or his/her premises (including an automobile) and/or seizure of evidence found in such a search by a law enforcement officer without a search warrant and without "probable cause" to believe evidence of a , and the circumstances under which a police officer may stop a
citizen.
Jordan was questioned, while his four companions - all white - were not. Jordan and some of the companions testified in pre-trial statements that Jordan was walking and behaving the same as his companions. However, Dorman contends that Jordan was walking in a manner suggesting he was carrying a handgun in his waistband. Court records indicate police had been alerted to illegal activities at the night club and should be on alert for patrons carrying weapons. Coffin ruled the conflicting testimony leaves the question open for a decision by a jury. Adding complexity to the legal argument are the three types of police stops defined under law. The first kind, a consensual CONSENSUAL, civil law. This word is applied to designate one species of contract known in the civil laws; these contracts derive their name from the consent of the parties which is required in their formation, as they cannot exist without such consent. 2. exchange, is when an officer questions a citizen who voluntarily cooperates but is free to cut off the exchange at any time and leave. The second kind allows an officer to temporarily detain de·tain tr.v. de·tained, de·tain·ing, de·tains 1. To keep from proceeding; delay or retard. 2. To keep in custody or temporary confinement: a citizen for a brief investigation if the officer has reasonable suspicion a crime has been committed. The third kind is an arrest, when an officer has stronger proof of a crime. The city argued Jordan and Dorman were engaged in a consensual exchange, and Dorman could not have violated Jordan's rights because Jordan was free to leave. However, Coffin ruled "a reasonable person in Jordan's position would not have felt free to leave." Jordan's case is anchored on the belief he was singled out because of race, Lafky said. "Obviously, the city does not trust what a jury might do," Lafky said Thursday. "They're trying to pursue every option to avoid having this case before a jury. He (Jordan) is committed to seeing the case through. So am I." |
|
||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion