PHOENIX
A federal judge ruled late last week that the arrest of an ACLU legal director by Maricopa County's controversial Sheriff Joe Arpaio was an attempt to intmidate the director "from future First Amendment activity." The judge found that the deputies who arrested legal director Dan Pochoda knew of his position with the ACLU and conferred with Arpaio or a representative about arresting him after he attended a demonstration against the sheriff.
Arpaio and three of his officers sought dismissal of the suit, claiming they had probable cause to arrest Pochoda as he left the demonstration. But U.S. District Judge Neil V. Wake found that Pochoda's arrest was an attempt to "intimidate (him) from future First Amendment activity" since the officers knew of Pochoda's position in the ACLU, saw him speaking with the protest's organizer and consulted with Arpaio "or his representative about whether to arrest him on a misdemeanor charge."
Pochoda said two deputies who were patrolling a parking lot near the demonstration approached him on Nov. 3, 2007 and questioned him for five minutes. He says the officers told him he could not park in the lot and stood between him and his car. After Pochoda asked one of the deputies to identify himself, since he was in street clothes, Pochoda says he was handcuffed, taken to the county jail and booked on criminal trespassing charges.
Pochoda claims that the officers violated his Fourth Amendment rights by stopping him from leaving the parking lot.
But Judge Wake found that the officers had the right to stop and question him after. However, once Pochoda made it clear that he was leaving the property, the officers should have let him go, Wake said.
Judge Wake ruled that the deputies "are not immune from Pochoda's claim of unlawful detention and arrest" because Pochoda never refused to leave the parking lot and was prevented from doing so by the officers.
The sheriff and the officers denied Pochoda's claim of malicious prosecution, saying they had probable cause to arrest him, but Judge Wake found the arrest motivated by "deterrence or retribution for First Amendment activities."
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Showing posts with label First Amendment Rights. Show all posts
Showing posts with label First Amendment Rights. Show all posts
Monday, May 25, 2009
Monday, August 25, 2008
Press Photographer Sues Over Arrest
OAKLAND
An Oakland Tribune photographer filed a federal civil rights lawsuit against the city of Oakland Friday, saying police illegally barred him from taking pictures at a freeway crash scene and handcuffed him when he persisted.
Ray Chavez, 44, said officers had interfered with his right as a member of the press to cover news, specifically a car crash and the emergency response time. The incident last year caused him to be "arrested and handcuffed without justification solely due to the exercise of First Amendment rights," said his suit, filed in U.S. District Court.
"It has been very stressful since I was humiliated by the OPD officers," Chavez said in an interview. "They should do their jobs and not interfere with ours as media members. These cops need to be re-educated. I don't think they know what the First Amendment and freedom of the press means."
Alex Katz, spokesman for City Attorney John Russo, declined to comment. The city previously rejected a claim, the first step in litigation, that Chavez filed in connection with the incident.
On May 4, 2007, Chavez was driving north on Interstate 880 near the 29th Avenue exit in Oakland when a car in front of him crashed and rolled over in the fast lane. Chavez, wearing his press credential around his neck, got out of his car and began taking pictures, "considering this a spot news matter," the suit said.
Oakland police Officer Kevin Reynolds told Chavez that he should leave, the suit said. When Chavez replied that he had a right to be there as a member of the press. Reynolds angrily told him that he "didn't have any business here (and) that it was a crime scene," the suit said.
When Chavez took photos of an arriving ambulance, Reynolds blocked his camera and told him, "You don't need to take these kind of photos," according to the suit.
Reynolds asked for Chavez's identification and began writing him a citation, the suit said. As a California Highway Patrol cruiser arrived, Chavez again took pictures. That prompted Reynolds to say, "That's it. You're under arrest," the suit said.
The officer made Chavez sit next to the overturned car with his hands behind his back for a half-hour, the suit said. Passing motorists mistakenly believed Chavez had caused the crash and "cursed and made derogatory references to and signs at plaintiff while he sat on the ground handcuffed," the suit said.
Oakland police Officer Cesar Garcia told Chavez that he would be cited for impeding traffic and failing to obey a lawful order. The officers gave him the citation, removed the handcuffs and let him go, but not before Reynolds warned him, "Don't ever come here again to take these kinds of photos," the suit said.
The suit names the city, Police Chief Wayne Tucker, Reynolds and Garcia. It seeks unspecified monetary damages and a court injunction directing police to train its officers about allowing the media "reasonable access to accident and crime scenes and behind police lines."
Chavez was named photojournalist of the year earlier this month by the National Association of Hispanic Journalists. He has been with the Tribune for 14 years.
"The Oakland Police Department must abide by state statute and their own regulations as to what is appropriate, to allow the press to adequately cover newsworthy events," said Chavez's attorney, Terry Gross. "Whenever there's an incident, a crime scene, if there's no interference going on, then the OPD rules and state statute provide this right of access to the scene."
An Oakland Tribune photographer filed a federal civil rights lawsuit against the city of Oakland Friday, saying police illegally barred him from taking pictures at a freeway crash scene and handcuffed him when he persisted.
Ray Chavez, 44, said officers had interfered with his right as a member of the press to cover news, specifically a car crash and the emergency response time. The incident last year caused him to be "arrested and handcuffed without justification solely due to the exercise of First Amendment rights," said his suit, filed in U.S. District Court.
"It has been very stressful since I was humiliated by the OPD officers," Chavez said in an interview. "They should do their jobs and not interfere with ours as media members. These cops need to be re-educated. I don't think they know what the First Amendment and freedom of the press means."
Alex Katz, spokesman for City Attorney John Russo, declined to comment. The city previously rejected a claim, the first step in litigation, that Chavez filed in connection with the incident.
On May 4, 2007, Chavez was driving north on Interstate 880 near the 29th Avenue exit in Oakland when a car in front of him crashed and rolled over in the fast lane. Chavez, wearing his press credential around his neck, got out of his car and began taking pictures, "considering this a spot news matter," the suit said.
Oakland police Officer Kevin Reynolds told Chavez that he should leave, the suit said. When Chavez replied that he had a right to be there as a member of the press. Reynolds angrily told him that he "didn't have any business here (and) that it was a crime scene," the suit said.
When Chavez took photos of an arriving ambulance, Reynolds blocked his camera and told him, "You don't need to take these kind of photos," according to the suit.
Reynolds asked for Chavez's identification and began writing him a citation, the suit said. As a California Highway Patrol cruiser arrived, Chavez again took pictures. That prompted Reynolds to say, "That's it. You're under arrest," the suit said.
The officer made Chavez sit next to the overturned car with his hands behind his back for a half-hour, the suit said. Passing motorists mistakenly believed Chavez had caused the crash and "cursed and made derogatory references to and signs at plaintiff while he sat on the ground handcuffed," the suit said.
Oakland police Officer Cesar Garcia told Chavez that he would be cited for impeding traffic and failing to obey a lawful order. The officers gave him the citation, removed the handcuffs and let him go, but not before Reynolds warned him, "Don't ever come here again to take these kinds of photos," the suit said.
The suit names the city, Police Chief Wayne Tucker, Reynolds and Garcia. It seeks unspecified monetary damages and a court injunction directing police to train its officers about allowing the media "reasonable access to accident and crime scenes and behind police lines."
Chavez was named photojournalist of the year earlier this month by the National Association of Hispanic Journalists. He has been with the Tribune for 14 years.
"The Oakland Police Department must abide by state statute and their own regulations as to what is appropriate, to allow the press to adequately cover newsworthy events," said Chavez's attorney, Terry Gross. "Whenever there's an incident, a crime scene, if there's no interference going on, then the OPD rules and state statute provide this right of access to the scene."
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