Pubdate: Wed, 05 Jan 2000 Source: Arizona Republic (AZ) Copyright: 2000 The Arizona Republic Contact: 200 E. Van Buren St., Phoenix, AZ 85004 Website: http://www.azcentral.com/news/ Forum: http://www.azcentral.com/pni-bin/WebX?azc Author: Victoria Harker, The Arizona Republic PHOENIX POLICE SUED OVER BEATING Black Resident Says Race Profiling At Fault A Black Phoenix man contends that he is a victim of racial profiling and that he was beaten so severely by police that his left arm is permanently damaged. David Calvin James, 47, a tool-and-die maker for 25 years with no criminal record, filed a lawsuit last week against the Phoenix Police Department, seeking more than $100,000 in damages. James, who now works as a volunteer at a Phoenix junior high school, said he does not know why police jumped him in December 1998, but he believes his arrest and beating were a result of mistaken identity. Police spokesman Jeff Halstead said he is prohibited from discussing the case. But he provided police reports that show officers suspected that James was carrying illegal drugs and, when confronted, resisted. To restrain James, officers beat him with a flashlight and fists, and sprayed his face repeatedly with pepper spray, the police reports said. James was taken to jail. But he was released after prosecutors dismissed the charges for lack of evidence. No drugs were found. In his lawsuit, filed in Maricopa County Superior Court, James claims he was a victim of excessive police force, assault, false arrest and racial discrimination. His lawyer, Jamie McAlister, said it's a classic case of racial profiling. "His only sin was that he was in a drug area, walking alone and he was Black," she said. The beating, James says, cost him the use of his left arm, leaving him in so much pain that he can't pick up a book, much less his work tools. He says the pain makes it impossible to sleep more than a few hours at a time. He has undergone five surgeries to repair damage to his arm, and he has a continuing infection, he said. According to police reports, the beating occurred near 17th Avenue and Roosevelt Street, just a few blocks north of the State Capitol. Police had been receiving complaints about drugs in the area. Officers noticed James walking out of an alley known for drug deals. He appeared to have something clenched in his hand, according to the report. When ordered to stop, he put something in his mouth. A struggle ensued. James broke away and ran. He also took fighting stances, the reports said. James and a witness said they believe the reports were falsified by police to justify the injuries police inflicted. James suspects police were in the middle of a stakeout and mistook him for someone else. With his car in the garage for repairs, James said he was walking from the home of a friend with whom he had just had dinner. He was looking for another friend in the area before returning home when he was stopped by police. He never stepped foot in the alley, James said. His hand was in his mouth because he was picking food out of his teeth. When he told police there was nothing in his mouth, he was attacked, he said. One officer began to punch him repeatedly in the stomach. He deflected blows but did not fight back, he said. When they continued to put pepper spray in his face, he started to flee but stopped himself. "I thought I was going to die. I thought they was gonna kill me," said James, a father of four. At one point, he fell, and was handcuffed. That's when his shoulder was injured, he said. Ginger Mattox was driving by at the time and saw police beating a handcuffed man on the ground. She stopped her car, jumped out to protest and realized the man was James, a close, longtime friend. As a middle-aged White woman, she felt brave enough to try and intervene, she said. "If I would have been a Black woman, I would have been on the ground right next to him," said Mattox, a visual-communications specialist for a Tempe firm. She filed a complained about how police handled the incident to the local chapter of the National Association for the Advancement of Colored People. James said he has never had any problems with the law, not even a traffic ticket. With $90,000 in medical bills, he is one step from homelessness. - --- MAP posted-by: Richard Lake