Originally published in the Albuquerque Journal (New Mexico) February 15, 2003
Copyright 2003 Albuquerque Journal
By: Rene Romo Journal Southern Bureau
LAS CRUCES The American Civil Liberties Union wants to replace a
court-appointed monitor assigned to ensure the Hobbs Police Department
complies with the settlement of a 1999 racial discrimination lawsuit.
ACLU
attorneys this week filed a motion in federal court in Santa Fe seeking
to remove Clarence Chapman, police chief for the University of
California at Los Angeles, as monitor of a stipulated agreement with Hobbs police.
The
stipulated agreement stemmed from a 1999 class action lawsuit, filed on
behalf of Hobbs' black residents, that alleged blacks were subjected to
excessive force, warrantless searches and false charges.
The settlement, signed in June 2001, required the Hobbs Police
Department to improve internal reporting procedures, the investigation
of officer misconduct, training and disciplinary procedures. In
addition, Hobbs police agreed to collect racial data on arrests,
searches, field stops for questioning, and incidents in which police
used force on civilians.
ACLU
attorneys Richard Rosenstock and Daniel Yohalem argue that police data
show the disparate treatment of black Hobbs residents has "grown, not
lessened" since the settlement was signed.
While
blacks make up about 7 percent of Hobbs residents, they represent on
average 15 percent of those subjected to field interviews by Hobbs police,
more than 16 percent of those arrested, and more than 21 percent of
those arrested for resisting, evading or obstructing an officer.
In
addition, Hispanics and blacks make up over 77 percent of those
arrested for resisting, evading or obstructing an officer a charge the
ACLU says is highly discretionary and often grows out of an
overreaction to a citizen's lawful verbal challenge to an officer's
authority.
"Instead of analyzing the
reports and statistical data and providing remedial recommendations for
compliance, however, Mr. Chapman ratified, excused or ignored the clear
violations of the stipulated agreement," the motion contends.
Chapman, whom ACLU attorneys characterized as a "personal friend" of
former Hobbs police chief Tony Knott, could not be reached for comment
Friday. Hobbs police
in-house counsel, Joan McMahon, declined to discuss the motion in
detail but said officials "definitely disagree with their (ACLU)
comments regarding Clarence Chapman."
"I think we have quite a few disagreements over the allegations," McMahon said.