ACLU Sues Over 'Stop And Frisk' Searches In Philly
PHILADELPHIA (CBS/AP) -- The Nutter administration is being sued by the ACLU over the mayor's policy of ramping up the controversial police tactic known as "Stop and Frisk."
The ACLU of Pennsylvania contends that the Nutter administration's use of stop-and-frisk has increased 30 percent over prior years, and they further contend that officers are subjecting minority residents to searches without just cause.
Handling the case is civil rights attorney David Rudovsky, who said, "These stops are being made without suspicion of any criminal activity, and largely based on the race of the person stopped."
The suit, filed in federal court, asks for changes in the training, supervision, and discipline of officers who use the tactic.
Mayor Nutter had not yet seen the lawsuit but he denies that minorities are singled out.
"It's based on geography, it's based on criminal activity, and nothing else, " he said.
And Nutter says greater use of stop and frisk has played a role in pushing crime rates down during his tenure.
The ACLU of Pennsylvania filed the lawsuit on behalf of eight men -- including one state lawmaker -- it says were subjected to illegal searches.
In the lawsuit, the ACLU cites city data showing that 253,333 pedestrians were stopped last year, compared with 102,319 in 2005. More than 70 percent of the people stopped last year were black and only 8.4 percent of the total stops led to an arrest, the ACLU said.
The lawsuit, which seeks class-action status, seeks unspecified damages and a court injunction. It also alleges that police commissioner Charles Ramsey has failed to train and discipline officers.
Using "stop and frisk" to reduce crime can be legal, but officers must have a reason for suspicion, said Mary Catherine Roper, an attorney for the ACLU of Pennsylvania.
"Our belief is that people are being stopped because of their race and not because of any individual activity that should raise any suspicion by police," said Roper, adding that stops were made by both black and white officers.
The lawsuit filed Wednesday tells the stories of Pennsylvania state Rep. Jewell Williams, a 52-year-old Philadelphia Democrat, and seven others who said they were stopped without reason by Philadelphia police. In March 2009, Williams said he was handcuffed and pushed into a police vehicle after asking questions during a traffic stop involving two other men; Ramsey later apologized to Williams.
Another plaintiff, Mahari Bailey, a 27-year-old attorney, said he was stopped on four occasions over a year and a half; the only charge against him, driving with tinted windows, was thrown out in traffic court, the lawsuit said.
Reported by KYW City Hall Bureau Chief Mike Dunn.
(© 2010, CBS Radio and the Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed)
