Latino Police Officer suing Dade County loses out as judge dismisses bias claim
Thursday, January 6, 2005 at 11:10AM
TheSpook
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.
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Article originally appeared on (http://brownwatch.com/).
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