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.