POLICE COMPLAINTS.

Byline: The Register-Guard

Internal affairs case summaries

July to October 2006

From July to October, the Eugene Police Department completed 17 investigations of internal complaints made against its employees. The summaries are released periodically and describe the complaint, the investigation and the finding. The police department does not release the names of those involved or any action taken against employees. From July to September, the department received 66 commendations.

Constitutional rights - The complainant alleged he was arrested for using a cell phone camera to take photos of the arrests of his friends. He said he did nothing illegal but was arrested for interfering with police and trespassing. Most officers and witnesses interviewed said the complainant was within 2 feet of officers and was given repeated warnings before his arrest. Investigators found no evidence that the arrest was motivated by his photography. The allegation of a violation of constitutional rights was deemed unfounded, meaning a preponderance of the evidence indicated the officer did not engage in the behavior alleged.

Courtesy, professional conduct - The complainant alleged an officer used profanity toward her at the scene of a heroin overdose, where the life of another person was in peril. The officer admitted using profanity when asking the woman which drug the victim had used because the woman was withholding critical information and milder language already had failed. The allegation of discourtesy was not sustained, meaning investigators were unable to determine whether the officer's actions violated policy. The officer was exonerated of the charge of unprofessional conduct, meaning evidence showed the behavior alleged did occur but was consistent with policy or appropriate under the circumstances.

Use of force - The complainant alleged officers used excessive force in his trespassing arrest after a long foot chase near the University of Oregon. He said the force caused a mark behind his ear. Officers acknowledged using force in the arrest, but it was deemed lawful, reasonable and necessary because the complainant was resisting at the time. The officers were exonerated of the allegations.

Automated records system, abuse of position, conformance to laws - The complainant alleged an officer used the automated records system to learn about an arrest warrant issued for an associate. The complainant said the officer then warned the person that police were en route to arrest him. The investigation revealed the officer had monitored the person's record. Investigators found the officer did not warn the person involved, which would have been criminal conduct. The allegation of misuse of the records system was sustained, meaning it was deemed a violation of policy. The allegation of abuse of position was unfounded, and the allegation related to conformance to laws was not sustained.

Unsatisfactory performance - The complainant alleged an officer sided with staff and security during a trespass complaint at a care facility. She said the officer did not listen to her side of the story before kicking her off the premises. The investigation revealed the officer had listened to the woman and had suggested she discuss the problem with staff during normal business hours. The allegation was deemed unfounded.

Use of force - The complainant alleged officers used excessive force while arresting a homeless woman. Investigators interviewed several witnesses and the homeless woman. All indicated the woman was very intoxicated and ignored police orders. Police used force after the woman physically resisted them. The allegation was deemed unfounded.

Courtesy, violation of general order, unsatisfactory performance - The complainant alleged an officer was discourteous and profane and seized his vehicle registration documents, making it impossible for him to recover his vehicle from a tow yard after his release from jail. Investigators found the officer had accidentally lodged the documents in evidence because of the way they were stored in the complainant's property. The investigation found the vehicle was towed properly and the allegation of violating a general order was unfounded. The allegation of discourtesy was not sustained, and the allegation of unsatisfactory performance was unfounded.

Abuse of position, conduct unbecoming a police officer, constitutional rights - The complainant alleged an officer contacted him after he filed an complaint alleging excessive force at an arrest he witnessed. He said the officer intimidated him and questioned him about his complaint. Investigators learned the officer did contact the person, but the officer disputed the tone of the conversation. Investigators said the officer did not know that the person already had filed a complaint. The officer said he had called because he knew the person disapproved and he hoped to avoid having the complaint filed. The allegation of abuse of position was not sustained. The allegations of unbecoming conduct and constitutional rights violation were unfounded.

Courtesy - The complainant alleged an officer made an ethnic reference to a person after his arrest for assault. Investigators learned the officer made the comment but did not mean to offend. Investigators deemed the reference unnecessary and offensive to the person and sustained the allegation of discourtesy.

Courtesy - The complainant alleged an officer was rude and disrespectful during a traffic stop. The parties met and resolved the issue through mediation.

Constitutional rights - The complainant alleged an officer stopped him because of his skin color and not for legitimate law enforcement purposes. Investigators found the officer stopped the person for an equipment violation, and the tint of the windows made it unlikely that the officer determined the person's race from outside the car. The allegation was unfounded.

Constitutional rights - The complainant alleged an officer stopped her because her passenger was black. The officer said the tinting of the woman's car windows prevented him from determining the person's race from outside the car. No evidence contradicted the officer's statement. The allegation was unfounded.

Courtesy - The complainant alleged an officer used profanity during a traffic stop and ordered him back into his car. A witness said the complainant was profane and defiant and the officer was courteous and patient. The allegation was unfounded.

Performance - The complainant alleged an officer investigating a burglary and restraining order violation used his position to pursue a woman for personal or romantic reasons. Investigators contacted the woman, who said the complainant had misunderstood her comments. She had described the officer as "obsessive," meaning he was diligent regarding her case. She said she never felt the officer had a personal interest in her. The allegation was unfounded.

Courtesy - The complainant said police used profanity while questioning her developmentally disabled 25-year-old son, accused of assaulting a baby in his care. The officer admitted using profanity but said he was using terminology similar to that used by the suspect. Investigators determined the language was not used in a threatening or derogatory manner but was a legitimate interview technique. The officer was exonerated.

Performance, identification - The complainant alleged an officer sided with someone else during a contact and ignored his version of events. He also said the officer did not identify himself on request. Investigators found the officer spoke with everyone before making a decision and that the complainant was drunk at the time. The officer was exonerated of the performance allegation. The officer said the complainant never asked for identification. That allegation was not sustained.

Courtesy - The complainant alleged an officer used profanity while directing traffic in a congested intersection. The officer admitted using profanity and the allegation was sustained.