ACLU FILES SUIT AGAINST HUNTINGTON MAYOR, POLICE CHIEF

HUNTINGTON -- The American Civil Liberties Union of West Virginia filed a
lawsuit Thursday against the city of Huntington, Mayor David Felinton and
Police Chief Gordon Ramey II accusing them of violating the state's Freedom
of Information Act.

The lawsuit was filed by attorney Jason Huber on behalf of three Huntington
residents -- Bernie Layne and his adult children Trish and Stuart Layne.
The lawsuit accuses the police department and city of failing to release
documents regarding an investigation into a possible racial profiling incident.

The lawsuit contends the city and police department violated the Laynes'
constitutional rights and are violating state law by not releasing the
information.

According to the lawsuit, filed in Cabell County Circuit Court, Trish and
Stuart Layne were waiting in the drive-thru of Captain D's restaurant near
the intersection of 5th Avenue and 22nd Street in May 2000 when they were
approached by two Huntington police officers and a West Virginia state trooper.

The officers accused the siblings of dealing drugs, ordered them out of
their car and conducted an investigation at the scene.

Trish and Stuart Layne were released after the investigation, but soon
after filed a citizen's complaint with the Huntington Police Department
alleging that the officers violated their civil rights.

On July 27, 2001, the Laynes filed a Freedom of Information Act request
with the police department asking for copies of the police department's
file on the incident and the investigation into their citizen's complaint.
The Laynes requested copies of police reports, witness statements,
supervisory reports, video tapes, audio tapes, dispatch logs and any other
related material.

To this date, according to the lawsuit, neither the Laynes nor their
attorney have received any information from the police department.

The Laynes also have not received a written response from the police
department regarding their request. State law requires agencies to respond
in writing to an FOIA request within five days of receiving it.

In addition, the lawsuit contends the Laynes did not receive any letter
explaining why the documents they requested could be exempted from the act.

"The failure to respond to the Laynes' FOIA request is a blatant and
undeniable violation of the act," Huber said.

Ramey declined to comment on the lawsuit, saying he had not had a chance to
read it.

Felinton was not available for comment Thursday evening.

"The ALCU has long argued that government secrecy about its operations
endangers individual liberties," said Andrew Schneider, executive director
of West Virginia's ACLU. "This is particularly true of a government agency
such as the HPD because it is under this cloud of the recent incident of
the beating of an African-American male."

A suit outlines the grievances of one party against another. It does not
establish guilt or innocence.