Pubdate: Fri, 31 Aug 2001 Source: Charleston Gazette (WV) Copyright: 2001 Charleston Gazette Contact: http://www.wvgazette.com/ Details: http://www.mapinc.org/media/77 Author: Rachelle Bott ACLU SUES OVER RACIAL PROFILING Huntington Police Failed To Respond To Request, Suit Says Attorneys for the American Civil Liberties Union of West Virginia are suing the Huntington Police Department for failing to comply with the Freedom of Information Act. The lawsuit, filed Thursday in Cabell County Circuit Court, alleges police officials did not respond to a FOIA request within the five days required by state law. ACLU officials are asking for internal affairs documents in a possible racial profiling case, according to Andrew Schneider, ACLU-WV executive director. Bernie, Trish and Stuart Layne filed the request for public documents to check the status of their citizens' complaint. Huntington police officials have not responded to the request. The Laynes filed a citizens' complaint after they were wrongfully detained outside a Huntington restaurant in May. Two Huntington police officers and a State Police trooper approached Trish and Stuart Layne, who were sitting in their car outside Captain D's seafood restaurant. The officers ordered the two Laynes, who are black, out of their car, temporarily detained them and accused them of stealing drugs. Officers searched the car but didn't find any drugs, according to an ACLU press release. The Laynes were eventually released. Last month, the Laynes wanted to check the status of their complaint. But the police failed to respond to their public records request. Jason Huber, a cooperating attorney for the ACLU-WV on the case, said the "failure to respond to the Laynes' FOIA request is a blatant and undeniable violation of the act." Schneider said he was surprised by the police department's response, especially in light of recent incidents involving Huntington police. Two black Huntington residents contend that eight white officers beat them outside a nightclub. Adonis Newsome, 22, says he was beaten by police outside the Midnight Rodeo Club while trying to protect his cousin, Loveil Wade, 19, during a fight at the bar on Aug. 18. A 911 emergency calls dispatcher, Robert D. Bell, was among those who allegedly beat the men. Huntington Police Chief Gordon Ramey II has refused to release information in this case as well, including the officers' names. "The ACLU has long argued that government secrecy about its operations endangers an individual's liberties," Schneider said. - --- MAP posted-by: Keith Brilhart