Latino Man Sues Bellingham For $20 Million Alleging Wrongful Arrest on Thanksgiving

• Claims Cops were Looking to Lock Up Latinos
  

A Bellingham man has sued the town and a town police officer for $20 million alleging he was arrested and held for 41 hours in a case of mistaken identity. Modesto Montero, 45, was arrested at his home and handcuffed in front of his five children on the night before Thanksgiving last year, then led away barefoot. Police said he was wanted in Pennsylvania for parole violation. The arrest warrant however, was for a Gumercindo Montero, and described a man four inches taller, with a scar on his chin, and with a different birth date and Social Security Number, Modesto Montero's lawyer said. Police did not check fingerprints until a judge ordered them to do so two days after the arrest. The prints did not match and Montero was released within an hour, attorney Scott Gediman said. "It would appear that the only thing these two men had in common, besides the same last name, was that they were both Hispanic," the lawsuit says. "He was not only arrested and treated like an animal in the middle of the night in front of his entire family, (but) his family spent Thanksgiving despairing about when and if he might ever be released." Montero, according to the lawsuit, suffers from "extreme anxiety and distress" as a result of the ordeal. Gediman, while not giving other instances of Bellingham police harassing Latinos, said his client's experience may indicate a pattern. "The policy and procedure of the police was to arrested, brutalize, and confine Hispanics," he said. The incident was "unfortunate" but not unlawful, town lawyer Lee G. Ambler told The Boston Globe, adding that the two men resembled each other. [more]

Providence Officers off the street after shooting Unarmed Black Man

Patrolman Omar Proctor shot twice at William Thomas, 32, because he believed the man was reaching for a gun, said Maj. Paul Fitzgerald. Proctor's first gunshot grazed a Warren police recruit who was driving on Broad Street, Fitzgerald said. The second struck Thomas in the chest, he said. Thomas allegedly had drugs on him -- but the police did not find a gun, Fitzgerald said. He was in stable condition at Rhode Island Hospital yesterday, according to the police. Proctor was trying to arrest Thomas on a Superior Court warrant for domestic violence. The two officers approached Thomas as he got into his car, Fitzgerald said. When Proctor swung the door open, Thomas allegedly reached for his waistband -- and the officer pulled him out of the car. "He feared the guy was going for a gun," Fitzgerald said. Thomas knocked him down and ran, Fitzgerald said. Proctor fired when Thomas turned toward him and reached for his waistband again. The bullet missed Thomas, who was 20 feet away, but it smashed through the windshield of a passing truck being driven by a Warren police recruit, Fitzgerald said. Randy Bryant, 37, of Warren, was grazed in the shoulder. Proctor and Newton chased Thomas, following him through Saratoga Street and onto Public Street, where the fleeing man ran into the driveway at 501 Public St., Fitzgerald said. Thomas turned around as Proctor drew his gun on him and ordered him to stop, Fitzgerald said. Thomas allegedly went for his waistband. Proctor believed Thomas was reaching for a gun, and he shot him in the chest, Fitzgerald said. [more]

Latino Man Claims Durant Police Beat him Down

A man arrested and charged with assault and battery upon a police officer denies he fought with police and says officers used excessive force. Richard Perez Anzaldua, Jr., 36, was charged Monday with assault and battery upon a police officer, resisting arrest and public intoxication for a Dec. 18 evening arrest at Lucille's Bar on South Ninth Avenue. [more

Appeals court allows 10-year-old Black Girl to pursue lawsuit against deputy

Girl Handcuffed after Situation was Over
A federal appeals court on Tuesday reversed the dismissal of a lawsuit claiming a Tuscaloosa County deputy used excessive force when he handcuffed a 10-year-old girl at an elementary school.  The 11th Circuit Court of Appeals in Atlanta reinstated the lawsuit filed by the girl's mother, Toniko L. Alexander, who claims Deputy Antonio Bostic handcuffed her daughter Laquarius Gray for 10 minutes after the child had a disagreement with a physical education teacher over whether she did her jumping jacks. In the lawsuit, Gray says her constitutional rights were violated by Bostic's actions on March 7, 2003 at Holt Elementary School. The district court in February decided to dismiss the lawsuit against Bostic and Sheriff Ted Sexton based on their immunity as state officials without addressing Gray's request to pursue her complaint.  The 11th Circuit, in its opinion, said state officials are not protected by immunity when they violate constitutional rights. They said Bostic handcuffing the girl was a violation of her Fourth Amendment right against unreasonable search and seizure.  "At the time when Deputy Bostic handcuffed Gray, the situation had already been diffused, and there was no basis, reason or need for Deputy Bostic to handcuff her," the court wrote in its ruling.  According to court documents, Bostic told Gray "this is how it feels to be in jail" and "this is what happens to people when they break the law" when he handcuffed her. The justices pointed out that the teachers involved in the incident had not asked for Bostic's help and that neither students or school officials were in danger because of the Gray's "disrespectful comment." [more]

Nacogdoches County Peace Officers Beat Black Man After he Filed Jail Grievance

NAACP says Brandon Rogers Beating was Police Brutality and is Seeking Justice
A recent altercation that occurred in the Nacogdoches County Jail was "literally a beating," according to a written statement issued by the legal redress committee for the Nacogdoches branch of the NAACP. Medical records for Brandon Rogers, 23, of Nacogdoches, which were obtained from Nacogdoches Memorial Hospital, "clearly acknowledge the atrocities he suffered," the statement reads. "While in the custody of the Nacogdoches county jail, Mr. Rogers received numerous injuries at the hands of a minimum of four Nacogdoches county peace officers, and that number may rise pending completion of all investigations," the statement reads. "Medical records vividly indicate trauma to the right eye, redness/bruising/swelling to the left eye, bleeding from the right nostril, bruising of the left and right shoulders, left forearm, both wrists and both feet." The committee concluded, in the written statement, that Rogers was "a battered victim of alleged police brutality and alleged misconduct of officers at the hands of taxpayer-paid county personnel." It was Brandon Rogers' discovery that letters detailing grievances with conditions at the Nacogdoches County Jail had not been forwarded to the proper authorities that led to a confrontation and fight that required medical treatment for himself and two jailers earlier this month, according to his family.[more] and [more] and [more]

Sacramento Officers cleared of abuse Charges Sought by Black Women

• Black Women alleged excessive force in traffic stop

Three Sacramento County sheriff's officers were exonerated Monday in federal court of allegations that they abused their authority during a traffic stop that led to an altercation with three African American women. "The officers feel real good about being vindicated, and they feel real good about the department being vindicated," said Sacramento County Sheriff Lou Blanas. Although in court the three women showed no visible reaction to the jury's decision, afterward they said it was an outrage. "Should we expect anything less from an all-white jury from outside the county? I don't think so," said Andrea Torres, who filed the suit with Precious Williams and Dianne Campbell.  Jurors, who were selected from 23 predominantly rural counties in northeast California, couldn't be reached for comment afterward. In their verdicts, which were returned Monday afternoon, jurors rejected claims that Deputy Heather Sullivan, Sgt. Gregory Johnson and Deputy David Leon used excessive force, were liable for malicious prosecution and made false arrests. The county was sued in a separate allegation that claimed the May 11, 2002, traffic stop was racially motivated, but that claim was dropped before jurors began deliberations late Friday. Though the allegation was dropped, Stewart Katz, who represented the women, said race was the central theme in the case. [more]

• Pictured above: Andrea Torres, center, aunt Dianne Campbell, left, and cousin Precious Williams had alleged excessive force, false arrest and malicious prosecution. They said they were outraged with the decision.

Latino Police Officer suing Dade County loses out as judge dismisses bias claim

• Perez was struck by another officer's car and believed he was hit intentionally.

A federal judge has dismissed a Miami-Dade police officer's lawsuit claiming he was intentionally run down by a racist colleague while chasing burglary suspects nearly 10 years ago. After more than seven years of litigation that included a $5 million jury award and two appeals, U.S. District Judge James Lawrence King said this month that Michael Perez did not show enough evidence that the police department condoned the use of excessive force by its officers, or that Perez was the target of retaliation from other officers. In his suit against the county, Perez said a reckless culture among police officers led to the March 1995 accident in which he was hit by a patrol car driven by former Miami-Dade Sgt. William Alsbury. Perez suffered injuries to his ankle, knee and back, his lawyers said. Perez argued that Alsbury hit him intentionally -- confusing Perez, who is white, with a black suspect. In a deposition, Alsbury admitted having a prejudice against blacks, but he said he hit Perez accidentally when his vehicle slid on wet grass. King said Perez could not prove that the county failed to adequately train and direct its officers, or that officers routinely used their cars as weapons -- the standard required for the suit to go forward. King also said he could not assume it was likely that Alsbury would try deliberately to injure black suspects -- as Perez's lawyers argued -- even if Alsbury's supervisors knew about his racist leanings. [more]

Vigil Events to mark one year since shooting of Michael Newby

Just days before the first anniversary of Michael Newby's death, friends and family members have announced a series of events to honor his memory and give voice to those affected by similar violence. During a press conference yesterday outside the Louisville Metro Judicial Center downtown, family spokesman Christopher 2X said the memorial events -- to be held tomorrow at Jefferson Square; H&S Liquor Store at 45th and Market streets, near the site of the shooting; and at King Solomon Missionary Baptist Church in the California neighborhood -- will spotlight violence and its impact on the Newbys and other families. "It's never really been about him, personally, but about his death and how it represents life," 2X said. "This will be a memorial for all of the lives lost." Newby, 19, was shot and killed Jan.4, 2004, by Louisville Metro Police Detective McKenzie Mattingly in what authorities described as an undercover drug deal gone bad. Police Chief Robert White fired Mattingly in April for violating the department's use-of-force policy in connection with the incident. [more]

NYC Housing project residents: Stop cop searches

On the heels of a sketchy police shooting in a Brooklyn housing project Monday and almost a year since Timothy Stansbury Jr. was killed by a housing cop nearby, civil rights activists are calling for changes in the way housing projects are policed. "The key issue here is vertical patrols and whether or not police officers should continue vertical patrols in housing developments with their guns drawn," said Norman Siegel in front of the building where Stansbury, 19, was shot and killed Jan. 24 by a housing cop on a vertical patrol. "We call upon the Police Department, at the minimum, to have a town meeting within the community and explain to us what has been done since the Stansbury issue to look at a hard question on vertical patrols," said Siegel, who was joined by Stansbury's mother, Phyllis Clayburne, Eric Adams of 100 Blacks in Law Enforcement, and Angel Yulfo, 37, who recently filed a lawsuit in federal court in Brooklyn against the city, the police and five unnamed police officers for shooting his dog and for holding a gun to his teenage son's head in the same building where Stansbury was killed. "At a minimum, the Police Department needs to explain this issue because when they don't explain it, people become cynical and distrustful of the police, especially in poor neighborhoods," Siegel said. Police Commissioner Ray Kelly had an immediate answer at his daily news briefing Thursday. "Vertical patrol is a very important aspect of what we do in housing projects in particular. We're going to continue vertical patrols," Kelly said. "We look at all our procedures all the time, but we have no immediate plans to change it." [more]

• New York cop kills unarmed Black man [more]

Report criticizes Oakland police

A stinging report of the Oakland Police Department's failure to fulfill a consent decree has attorneys rumbling of an extension and Mayor Jerry Brown appearing at police lineups. The report by an independent monitoring team contends the department didn't complete half of its agreed tasks as directed by court order almost two years ago. " Issued Monday, the 85-page report highlights the department's inability to track and document completed training, the large number of missing vehicle and pedestrian stop data forms, and the poor quality of Internal Affairs investigations. The decree is a result of an February 2003 settlement by the city and the Oakland Police Department with 119 plaintiffs in a civil case who claimed a group of officers, known as "The Riders," ran roughshod over their West Oakland neighborhood, planting evidence, filing false reports and beating people. The plaintiffs were awarded $10.9 million, and the independent monitors are expected to cost the city $10 million over five years. The bill could be steeper if attorneys take the city back to court for undermining the spirit of the agreement. The report said members of the Independent Monitoring Team observed commanders' open disdain of settlement agreement training, and such attitudes have been passed to the rank-and-file. The department has also been unable to reliably document and track training its given. The department's commitment to deterring racial profiling was also questioned by the report. Officers are required to complete a basic report for every vehicle and pedestrian stop, field investigation and detention. But the report claims thousands of stops appear to be unreported. [more]

Cincinnati City Officials Could Be Found in Contempt Of Court Over Federal Agreement

Racist Police Force Doing Little to Improve Relations
City officials face possible contempt of court charges if a judge accepts a federal monitors's report that said that police aren't cooperating with an agreement to improve community relations after riots in 2001, a lawyer for a group that sued the city said Tuesday. The monitor's report Monday supports the American Civil Liberties Union of Ohio's (ACLU) complaint to the federal court last month that the city isn't providing information to other parties under the 2002 agreement, said ACLU lawyer Scott Greenwood. Greenwood also accused the city of failing to cooperate with the Justice Department, which has a separate agreement to oversee Cincinnati police reforms, including tighter policies governing the use of force. "The city is taking an extreme, adversarial position that it does not have to comply with the community representatives, the Justice Department and the monitoring team," Greenwood said. "It's not just unhelpful. It's a direct violation of the agreement." US Magistrate Michael Merz has summoned the parties involved in the agreement -- the city, Cincinnati police union, the ACLU and other community representatives -- to appear before him on January 6 to discuss their progress or problems. Merz and the court-appointed monitor, former federal prosecutor Saul Green, of Detroit, report ot US District Judge Susan Dlott, who is supervising the five-year agreement. Cincinnati Mayor Charlie Luken said  "If the plaintiffs want to hold us in contempt -- or try to -- go ahead," Luken said. "Let's don't worry about contempt. Let's worry about the issues of crime and community relations. Let's don't worry about who said what to whom and who took offense at it." [more] Only visit this city if you have to.

• Federal monitor says cops still unhelpful [more]

W. Haven Troopers Unleash Dog on Black Teen -- Chased him to Highway Death

Boy had Surrendered. Police Caught Lying about Death
A state trooper came to his door, accompanied by some West Haven police. They told him his teenaged son had been hit by a car on I-95 and killed. "What happened?" Tyson asked. "We don't know what happened, sir," Tyson recalls the state trooper responding. "We're investigating. From what we know so far, we think he was with a group of kids who got in a fight with another group of kids. Your son tried to run across the highway and got hit." Tyson also recalls one of the West Haven officers speaking up: "That's right, sir. We don't know what happened. We're investigating." Tyson had to go to the hospital to identify the body of his teenage son, Gary Christopher Tyson. "And I made him a promise that night: 'I'm not going to stop until I find out what happened to you. We're going to find out the truth." The search continued the next morning, when Charles Tyson went to the West Haven police station. He says a lieutenant told him that Chris got in a fight with another kid and ran across the highway. The lieutenant also told him the department's dog handler was there. The dog handler? "They said, 'Yeah, but we didn't use the dog,'" says Tyson. In fact--we now know--the dog repeatedly bit Chris Tyson before he bolted into rush-hour traffic. Those first conversations, Charles Tyson says, set a tone for his interactions with West Haven police. "I always felt that the police was lying," he says bluntly. "Their story didn't make sense to us. We needed answers, and we weren't getting any." The police deny any responsibility for Chris Tyson's death. Now the family's search for the truth has led to federal court, where Charles Tyson is suing West Haven and three individual cops. New information emerging from the lawsuit shines a spotlight on the department's use of deadly force--and its use and abuse of the truth. Why did West Haven police call out a dog to track down an 18-year-old kid running away from a fistfight? Why did they unleash the dog--which constitutes deadly force under the law, just like firing a gun--once they had surrounded his hiding place? Why did this young man's life end so tragically? [more]

Black Man Fatally Shot 13 Times by Morgan County Sheriffs & then handcuffed & Refused Medical Treatment - White Wife Abused by Police

A federal lawsuit alleges authorities used excessive force when deputies shot and killed suspected bootlegger James Hulett, 53 and abused his 63-year-old wife by forcing her to crawl on her belly while uttering a racial slur about her. June Hulett, who is white, sued two Morgan County sheriff's deputies and other authorities involved in the June 30, 2002 raid that killed her husband, who was black. The suit was filed in the U.S. District Court against deputies George Rutherford and Jim England, nine Alabama Alcoholic Beverage Control officers, a Decatur police officer and the ABC Board. A county grand jury did not indict any of the officers involved in the shooting. A deputy gunned down Hulett, 53, at his home in Decatur on June 30, 2002, after raiding it for illegal alcohol sales. Police claimed that Hulett pulled a gun and the officers shot him.  The lawsuit states that Hulett was unarmed at the time he was shot.  The claim further asserts that the pistol in question was fired after her husband had been shot several times and while he lay dying on the floor.  "It was shot in a direction opposite the position of any officer and therefore not at any officer and did not pose an immediate threat to the life of any officer."   Witnesses said the officers kept Hulett handcuffed and would not remove the cuffs for paramedics to properly treat him after he had been shot multiple times. Reisz' paramedic report stated that law enforcement officers refused to remove the handcuffs.  A forensic report stated that Hulett's body had 13 bullet holes. In addition to Hulett's shooting, the lawsuit states that the officers abused his wife.  "They instructed Mrs. Hulett, who was sitting on the porch, to get down on her hands and knees but she was experiencing difficulties due to infirmities caused by her age of 63. One of the officers then called her a 'nigger-lover' and instructed her to get all the way down and to crawl on her belly," the lawsuit states.  "As she was crawling toward the steps, one of the officers grabbed her and dragged her down the steps onto the graveled yard. They handcuffed her and placed her near the van."   [more] and [more]

• Paramedic questions use of handcuffs on dying man [more]
• New Black Panthers protest Decatur shooting death [more]

John Doe Investigation Intiated in Milwaukee Police Beating & Sodomozing of Bi-Racial Man (Frank Jude)

A secret John Doe investigation has been opened into the case of a man allegedly beaten by off-duty Milwaukee police officers at an after-hours party in the Bay View neighborhood, sources familiar with the proceedings said. The investigation was convened after several officers declined to fully cooperate with internal police investigators about the early morning incident on Oct. 24, according to the sources, who spoke on the condition they not be named because the proceedings are secret by court order. At the party, a 26-year-old Milwaukee man was severely beaten and, he told investigators, was sodomized with a knife by one of the officers. Similar to a grand jury, a John Doe investigation is closed to the public and is used by prosecutors to get testimony from resistant witnesses or suspects with a subpoena. The sources said up to 15 officers could be called to testify, both off-duty officers at the party and on-duty officers who first responded to the police call.  Shortly after the victim arrived at the party on Oct. 23, words were exchanged and the men left. Safran said at least one person at the party called his client a racial slur. The victim, who asked not to be named because he fears retribution, is biracial. After the party, several of the off-duty officers told investigators that the 26-year-old man stole a police badge, that they were exercising police powers by following him out of the house and that a fight erupted. Safran said his client didn't steal anything. Police were called, and the victim, who had been severely beaten, was arrested on suspicion of theft, according to police records. Safran said he doesn't know of any formal charges being pursued against his client. No ambulance was called, and the victim was taken to the hospital in handcuffs.  [more]

Family settles death lawsuit $1.6M for fatal shooting of Unarmed Black Man by New Milford cop

The family of a black man killed by a white New Milford police officer nearly six years ago has agreed to settle their lawsuit against the town for $1.6 million. Under the settlement, Dwight and Pearlylyn Reid, the parents of Franklyn Reid, will receive $800,000, according to documents filed in New Milford Probate Court last week. The other half of the settlement will go to Franklyn Reid's three children. Reid was 27 years old when he was mortally wounded by former Officer Scott Smith after a foot chase along Route 202 on Dec. 29, 1998. As a result of the shooting, Smith became the first police officer in Connecticut to be charged with murder while acting in the line of duty. He was convicted of manslaughter by a Litchfield Superior Court jury in 2000, but won a new trial on appeal. Earlier this year, Smith accepted a plea deal that spared him from serving jail time while he agreed to never again pursue a job as a police officer. Neither the Reids nor their attorney could be reached for comment on Tuesday. But another lawyer involved in the lawsuit, which was pending in U.S. District Court in Bridgeport, said the deal included a confidentiality agreement that precluded the parties from disclosing the size of the settlement. The News-Times learned the amount because notice of the agreement was filed last week in probate court, where Reid's estate is being handled. The lawsuit settlement was the only asset listed in Reid's estate, which also included a $35,309 claim by the state of Connecticut for reimbursement of welfare payments for his three children. Reid had two sons, now ages 13 and 11, and a daughter, 9, with Theresa Coons, a New Milford woman. [more] and [more]

Concordia Parish grand jury clears Deputy in shooting of Ron Lollis

• NAACP says Shooting of Black Man was Racially Motivated

An NAACP official says the black community of Ferriday is disappointed that a Concordia Parish grand jury cleared a white deputy who shot and killed a black man in Ferriday.  The deputy said he shot the man in self-defense. The NAACP has contended the August shooting was racially motivated.  The grand jury ruled Tuesday that no charges should be filed against Deputy David Hedrick.  Sheriff Randy Maxwell said Hedrick returned to work Wednesday.  "This incident was thoroughly investigated from top to bottom. The evidence was presented to the grand jury in its entirety," Maxwell said.  Local NAACP President Justin Conner said Wednesday that the black community, and Lollis' family were disappointed in the grand jury's decision. NAACP officials and church leaders have said the shooting was racially motivated. Conner said there was only one black person on the grand jury.  The FBI is continuing to investigate a civil rights violation complaint filed in connection with the shooting.  On Aug. 23, Officer Hedrick was investigating a prior complaint, and the victim identified Lollis and another man as suspects. Hedrick stopped the men on Doty Road in Ferriday for questioning. During questioning, Hedrick told investigators that Lollis had a bat and then pointed a gun at him. Four to five shots were fired, and Lollis was fatally wounded. Maxwell said a gun was found at the scene.  Conner said witnesses, including the man stopped with Lollis, told him that Lollis did not have a gun and begged not to be shot.  "It is strange that (with) an eyewitness there is not enough," Conner said. "Our witnesses are determined they saw what they saw." .[more] and [more]

• Pictured above: More than 500 people stood as the casket of Fredrick "Ron" Lollis was wheeled into Ferriday Junior High School's gym Sunday. [more]

$500,000 is offered to family in pepper-spray death of Black Teen by Fort Lauderdale Police

• Originally published in the Sun-Sentinel (Fort Lauderdale, FL) December 16, 2004 Thursday Broward Metro Edition

• After Spraying Black Teen Police Refused to Give Medical Help

By Brittany Wallman Staff Writer

The city tentatively has reached a $500,000 settlement with the family of Raymond Sterling Jr., a young black man whose run from police after a routine traffic stop last year led to his death.

Sterling's death in police custody set off public controversy about the use of pepper spray and the city's actions and inactions leading up to his final moments.

An internal memo to elected officials Wednesday outlined the terms of the settlement, which would put to rest, for half a million dollars, a lawsuit Sterling's family filed against the city for wrongful death and civil rights claims.

Sterling, 21, died in April 2003.

Sterling, who was driving with a suspended license, ran from police. When he was caught and refused to get in the squad car, he was pepper-sprayed. Sterling began showing signs of distress and died soon after. Neither police nor paramedics took Sterling to a hospital or tried to revive him.

The medical examiner ruled that Sterling died as a result of sickle cell trait, the pepper spray, exhaustion from the chase and asthma. Sterling's red blood cells sickled, or bent, robbing him of oxygen.

In the aftermath, the Police Department issued a new policy governing the use of pepper spray. The crux of the public criticism rested, though, on what fire and police officials didn't do -- try to save him.

The four firefighter-paramedics involved were fired, but two of them won their jobs back this month. All the police officers involved were cleared.

The city was faced with having to hire lawyers to defend all the firefighters and officers in court. Though the city has a sovereign immunity cap of $200,000 for part of the legal claim, there is no cap on what the city could pay out on civil rights litigation.

"Due to the nature of the claims," City Attorney Harry Stewart wrote in a memo to elected officials, the city manager and city clerk Wednesday, "and particularly in light of the costs of defense for the city and all the individuals involved in this case, it is recommended that the Commission approve the payment."

Commissioners discussed the lawsuit last week in a closed-door session. Stewart's memo says the $500,000 figure was the result of negotiations.

Sterling's father, Raymond Sterling Sr., said Wednesday that he hadn't been told by his attorney, Willie Gary, about the settlement offer. The settlement isn't final until city commissioners vote on it Tuesday and Sterling Sr. signs off on it.

He would rather not settle at all, he said. But that would be reckless, he said, a risk too great to take. Raymond Jr. left behind a toddler, Raymond Deshon Sterling, 2.

"You could wind up with nothing," Sterling Sr. said. "So when you look at that and you look at his son and him not having a father and taking a chance on him getting nothing or having money for his college, it's risky. It's a chance that I don't think is wise to take."

Sterling Sr., 41, a Tamarac resident, said he was helping raise his grandson.

"You could say I'm his father now," said Sterling Sr., who was 17 when Sterling Jr. was born.

The toddler doesn't ask for his father as often as he used to, Sterling Sr. said.

"But if you show him a picture, he knows who that is."[more]

Feds find no grounds for civil rights charges in King County Deputy Shooting of Black Man

Federal investigators have concluded there are no grounds for criminal civil rights charges against an off-duty King County sheriff's deputy who fatally shot a black man in a roadside confrontation, authorities said Wednesday. At issue was the shooting death of Robert Thomas Sr., 59, on April 7, 2002. His adult son was wounded in the shooting, which occurred after the elder Thomas parked his pickup truck, with the radio playing, on a road outside south suburban Renton. A young woman in the truck was not injured. Melvin Miller, then 50, lived nearby. He said he went to the truck - casually dressed but armed - to find out what was going on. What happened next is in dispute. Miller said he opened fire after the older man pulled a handgun and aimed it at him. The younger Thomas and the young woman said the deputy drew first. The parties agree Miller didn't identify himself as a deputy sheriff until after the shooting. The federal investigation - by the Justice Department's Civil Rights Division, the local U.S. attorney's office and the FBI - was requested by local NAACP leader Carl Mack. [more] and [more]

• Seattle NAACP leader disagrees with fed's decision in fatal shooting [more]
  

Latino Man sues after false arrest

• Police did not care who suffered in jail as long as the person was of Hispanic heritage

A local man who spent a Thanksgiving holiday in the police station lockup because officers allegedly mistook him for a fugitive is suing the town for more than $20 million.  The suit claims that on the evening of Nov. 26, 2003, Officer Kenneth Jones entered Modesto Montero's Bellingham home and cuffed his hands behind his back. The officer charged he was actually Gumercindo Montero, a man wanted by Pennsylvania authorities for parole violation. Officers allegedly ignored Montero and his family when they insisted he was not the wanted man and is not related to him either. Montero was held more than 40 hours before police acknowledged their mistake. "There were malicious and vicious acts perpetuated by Bellingham police officers, who did not care who suffered in jail as long as the person was of Hispanic heritage," the suit states.  As a result, the lawsuit states, Montero was "deprived of rights and privileges secured by the Constitution and laws of the United States, including freedom from use of excessive force, freedom from unreasonable search, freedom from unlawful arrest, freedom from intimidation and humiliation, freedom from unlawful confinement, false imprisonment and right to due process of law." Both the town and Jones are named as defendants. Montero's lawyer said  "It's just inexcusable," he said. "They came to his house the night before Thanksgiving, pounded through the door, and put him in handcuffs, with a house full of relatives watching. They held this man for two days for no reason, and there's no response -- no apology, nothing." The lawsuit, filed Dec. 8 in Boston's federal district court, states Montero does not match the physical description of the fugitive, who is six inches taller and has a scar on his chin. It also says Bellingham police had a mug shot "that in no way resembled Modesto Montero."  The mistake was not rectified until Montero faced arraignment in Milford District Court two days after his arrest. A judge ordered police to immediately check his fingerprints against those of the wanted man; they did not match. The court then released him, with an apology.  [more]