ACLU Wants To Replace Hobbs Police Monitor
Originally published in the Albuquerque Journal (New Mexico) February 15, 2003
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.