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Legal Briefs PPR #44 Bush Administration Appeals Ruling on Constitutionality of Patriot Act in Mayfield Case This February, the Bush administration appealed a decision by Oregon U.S. District Judge Ann Aiken, who ruled in the Brandon Mayfield case that a central provision of the Patriot Act is unconstitutional. Mayfield is the Portland-area attorney who was arrested and held for two weeks in 2004 because the FBI mistook a fingerprint in the Madrid train bombing case for Mayfield's. In September, Aiken ruled that the Patriot Act violates the Fourth Amendment's protections against unreasonable search and seizure (PPR #43). Under the Patriot Act, the Foreign Intelligence Surveillance Act (FISA) Court was given broader powers to issue warrants without probable cause when "foreign intelligence information" is involved. The FBI obtained FISA warrants allowing electronic surveillance and searches of Mayfield's home and office, but released Mayfield after the fingerprint matched a suspected Algerian terrorist. The Bush administration claims that "the constitutional rule that [Aiken's ruling] adopts has damaging implications for national security." Mayfield's $2 million settlement is not affected by the appeal. The Ninth Circuit Court now takes up the case (wired.com, February 8). Cops Slam Man Found Not Guilty By Federal Court Lawsuit Provokes Sarcasm, Name- Calling Bennie Washington, a 40-year-old African American man from Portland whose conviction was thrown out because he consented to a search for fear of retaliation from police (PPR #42), has decided to sue the City for $3 million in damages. This provoked sarcasm and name-calling from Detective Peter Simpson, the editor of the Portland Police Association's newsletter, the Rap Sheet. In Simpson's January 2008 column, he cites Bishop A.A. Wells, who told the court that African American leaders tell the community to comply so they do not "contribute to the volatility of the scene... Not try to advance any rights other than to stay alive relative to complying with the officer." The 9th Circuit Court's finding described a "unique situation in Portland" following the Kendra James and James Jahar Perez shootings, singling out a pamphlet published by the Portland Police Bureau (PPB) that calls on people to "comply with the procedures for a search." Washington told the court he had read the PPB pamphlet-- Simpson adds, "Yeah, sure he did." Because Washington's firearms charge was overturned, Simpson complains that he is now "free to roam the streets of Portland once again. Great. Let's have a parade for this felonious, gun-toting criminal who probably lied his way to a reversal." Simpson wants the City to appeal to a higher court. In the meantime, he thinks they need to pull the "Understanding Police Procedures" pamphlets and destroy them. The pamphlets, he says, have done nothing to improve relations. He suggests as an alternative: small cards that read "Obey the law. Courtesy of the Portland Police." Simpson relates a case he worked on in which an "active gangster" with a suspended license said police could search his car. Simpson pried open the glove box and found a gun and 3.5 ounces of crack (how convenient!). The guy said he "Figured I'd say yes since it was going to happen anyway." The judge called it involuntary. Now Simpson is convinced that when people refuse a search it is because they have weapons or drugs on them, a frightening reaction to citizens exercising their Constitutional rights. But Simpson takes it in stride. "Being denied consent is the price of doing business, just like getting sued." As with his previous advice on racial profiling, Simpson implores his fellow officers not to do anything different. For his part, PPB Public Information Officer Brian Schmautz "scoffed at Washington's argument," summarizing it as "He said yes but didn't want to consent" (Oregonian, January 4).
65-Year-Old Man Wins $100,000 for Portland Police Manhandling Him Settlements Up 93%
on Average Since 2002
In July, 2003, Dan Thomas, then 65 years old, was roughed up by Portland Police officers who came to his house after a dispute Thomas had with a neighbor. In March, 2008, federal Judge Ancer Haggerty imposed a judgment of $100,000 on the City of Portland for damages in the incident. According to the Willamette Week's blog (March 14), "Thomas was on the witness stand telling jurors how he was allegedly kicked, stomped, kneed and driven into the ground" by Officers Peter Taylor (#34354), Christopher Gjovik (#38946) and Michele Michaels (#40400) when the City Attorneys asked to settle. Steven Sherlag, Thomas' lawyer, told Portland Copwatch that Thomas had been showing a friend a replica firearm prior to the original confrontation with the neighbor. By the time police arrived, he was in his undershirt and came out of the house clearly unarmed. This settlement ties for the 12th highest since 1993, underscoring the fact that the creation of Portland's Independent Police Review Division in 2002 has done little to reduce police brutality. In fact, payouts have roughly doubled since 2002, about the same time frame that Auditor Gary Blackmer uses as a bellweather to show Portland Police shootings have gone down on average. The average payout in the years 1993 to 2001 was $365,400; the average from 2002-2005 was $704,300, or a 93% increase (see chart in graphictoo few incidents after 2005 have made it to court to add 2006-2008 yet). An updated list of the top 25 settlements, which alone have cost the city nearly $4.5 million in the past 15 years*, is on our website www.portlandcopwatch.org/top25settlements.html. In addition to several new settlements, we have also obtained more detailed information since we last published the list in 2006 (PPR #37). Thanks to the Portland Mercury for help in obtaining the new info. |
May, 2008
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Portland Copwatch Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.
People's Police Report
#44 Table of Contents
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![[charts of
lawsuit payouts and shootings]](https://www.pjw.info/copwatch/PPR44/PPR44chart.jpg)