{"id":3924,"date":"2010-09-06T19:56:17","date_gmt":"2010-03-06T06:33:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-06T06:33:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3924","title":{"rendered":"E.D.Ark.: Police department engaged in racial profiling"},"content":{"rendered":"<p>An Arkansas municipal police department engaged in racial profiling in violation of the Fourth and Fourteenth Amendment. Giron v. City of Alexander, Arkansas, 693 F. Supp. 2d 904 (E.D.Ark. 2010):<\/p>\n<blockquote>\n<blockquote><p><em>As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice.<\/em><br \/>\n\u2013 Law Enforcement Code of Ethics, signed by Defendant Leath on January 8, 2007. See Defendant\u2019s Exhibit 3.<\/p><\/blockquote>\n<p>For the reasons explained below, the Court concludes that Defendant Alexander Police Officer Tommy Leath, contrary to his own sworn oath, violated the constitutional rights of each of the Plaintiffs whose claims were tried in this proceeding. Officer Leath engaged in racial profiling prohibited by Arkansas statute, the Arkansas Constitution, the United States Constitution, and the City of Alexander\u2019s own written policy. Officer Leath also illegally seized one of the Plaintiffs, thereby violating the Fourth Amendment of the United States Constitution and the Arkansas Constitution. Chief Spears, who supervised Officer Leath and ran the Alexander Police Department (\u201cDepartment\u201d), was deliberately indifferent to ongoing and systemic racial profiling of which he was aware. Additionally, municipal liability is imposed on the City of Alexander because it permitted Office Leath to establish and to carry out a custom and practice of engaging in racial profiling.<\/p><\/blockquote>\n<p>[Note: <a href=\"http:\/\/www.reggiekoch.com\/\">Plaintiff&#8217;s counsel<\/a> is a former police officer himself.]<\/p>\n<p>The City of Alexander&#8217;s <a href=\"http:\/\/cityofalexander.com\/html\/mission.html\">mission statement<\/a>:<\/p>\n<blockquote><p>To provide quality services to all individuals and to treat our citizens and coworkers in a kind and friendly manner. To be a positive influence in the community.<\/p><\/blockquote>\n<p>The City&#8217;s <a href=\"http:\/\/cityofalexander.com\/html\/history.html\">website notes<\/a> it was settled by German immigrants in 1879.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3924\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3924","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3924","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3924"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3924\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3924"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3924"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3924"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}