Civil Rights Enforcement Deserves Higher Priority

By TChris, Section Misconduct
Posted on Fri Jun 20, 2008 at 07:59:42 PM EST
Tags: (all tags)

Share This: Digg!

This is a stunning abuse of power.

According to the alleged victim's mom, the 19-year-old woman called [Scottsdale] police Sunday morning about intruders in her apartment complex. The mom claims one of the officers, who came to investigate, ordered the teen to get naked. Afraid and confused, she complied with the strip-search.

Officer Chong Kim resigned after the department commenced an investigation.

The FBI may look into whether Officer Kim infringed on the teen's civil rights under color of law.

May look into? [more ...]

Kim ordered a crime victim to submit to a strip search. It is difficult to comprehend an explanation for that conduct that would comport with the Fourth Amendment. It's reasonable to believe that he ordered her to strip because of her gender, so he also violated her right to equal protection of the law. The evidence that Kim infringed on her civil rights while acting under the authority of his badge seems compelling. Why wouldn't the FBI "look into" it?

This investigation should take, oh, about five minutes. Maybe Kim has a plausible explanation, but it's hard to believe he was trained to tell women to get naked under any circumstances.

The FBI should enforce civil rights laws as zealously as it goes after drug crimes. Protecting our right to be free and equal members of our nation is just as important as protecting our security (and way more important than enforcement of crimes involving obscenity).

< First Amendment Meets Large Stick | Rebuilding a Life >

Legal

Nothing on this site should be construed as legal advice. TalkLeft does not give legal advice.

TalkLeft is not responsible for and often disagrees with material posted in the comments section. Read at your own risk.

Civil Rights Enforcement Deserves Higher Priority | 26 comments (26 topical)

Readers Must Login or Create an Account to Comment

Don't count on it (5.00 / 2) (#1)
by Alec82 on Fri Jun 20, 2008 at 08:03:49 PM EST

The FBI's priorities seem pretty clear.

Enforce? (5.00 / 2) (#2)
by kdog on Fri Jun 20, 2008 at 08:26:19 PM EST

The FBI? More like violate...

The state loves its strip searching powers and I don't think they want them questioned. I mean...I don't expect the investigation of the sexual assault to go anywhere or anything.

kdog, the young woman called the police (5.00 / 1) (#4)
by JavaCityPal on Fri Jun 20, 2008 at 08:28:56 PM EST

because someone was trying to break into her apt.


I know.... (5.00 / 2) (#6)
by kdog on Fri Jun 20, 2008 at 08:31:32 PM EST

I'm saying the investigation of the alleged sexual assault by the responding officer.


My bad. I misread (none / 0) (#7)
by JavaCityPal on Fri Jun 20, 2008 at 08:38:31 PM EST

The family is not waiting for the police or the FBI to deal with this, they are actively trying to make sure this officer (AKA: sexual predator) is not allowed to just walk away from what he did.


I wish them luck... (5.00 / 1) (#8)
by kdog on Fri Jun 20, 2008 at 08:44:20 PM EST

justice is a hard thing to find in this world sometimes.


It is, but her mom is not one to give up on a (5.00 / 1) (#9)
by JavaCityPal on Fri Jun 20, 2008 at 08:50:12 PM EST

fight that needs to be fought.

I can't imagine being put in a position where fear of police officers is etched into the soul. She's a really nice young woman who has never been a problem for her parents.


Unfortunately.... (5.00 / 2) (#11)
by kdog on Fri Jun 20, 2008 at 09:03:28 PM EST

all too many can imagine it.


: When my daughter started driving (5.00 / 1) (#14)
by JavaCityPal on Fri Jun 20, 2008 at 09:25:09 PM EST

I had many long talks with her about when not to comply with the police - especially to never, ever pull over if she knew she wasn't doing anything wrong and the area wasn't well lit and populated.
She did get pulled over one night and was put through 45 minutes of sobriety tests despite the officer knowing full well she had not been drinking. She was clearly being hassled, and fortunately had 2 boys in the car and in a populated area. We lived in an upscale community much like Scottsdale...none are safe.
Parents and children should get street wise training periodically through life :)

Call the Southern Poverty Law Center. (5.00 / 2) (#10)
by FlaDemFem on Fri Jun 20, 2008 at 09:00:03 PM EST

They are great at civil rights cases, and they win. Here is a link to their web page, Southern Poverty Law Center Usually they deal with hate crimes and discrimination, but they should be up for this. If it is not their area of expertise, then I am sure they will have some attorneys to recommend. They usually work pro-bono. I have been contributing to them for 35+ years.


: I sent on your suggestion (5.00 / 2) (#18)
by JavaCityPal on Fri Jun 20, 2008 at 09:50:08 PM EST

the family thanks you. As of late today, they are working with a couple of attorneys recommended by a commenter on the open thread today.

Guess what! Karen Snell and Andrew Schwartz took the case! They will have a local lawyer too. She is originally from Scottsdale. I gave her key words and she googled it, talked to her partner and called back!
Thank you sooo much for your help. Thank everyone on the thread for me too. Going to bed, will update you tomorrow!
The email I received from her mom just a few minutes ago.

TChris, this was why I asked for an open thread (5.00 / 3) (#3)
by JavaCityPal on Fri Jun 20, 2008 at 08:27:43 PM EST

earlier today.

The young woman this happened to is the daughter of a friend of mine. Some of the regular commenters here were really helpful in giving advice on how this young girl might proceed in getting this resolved.

The office confessed, though the police dept is claiming he merely resigned.

Thanks for drawing more attention to it. I will watch the comments closely for anything the family may find helpful.

I really doubt this is the first time (5.00 / 2) (#12)
by befuddledvoter on Fri Jun 20, 2008 at 09:04:24 PM EST

for this officer. I would file suit pursuant to Sect. 1983. This is just awful!!! Is there a civilian complaint board for the police department?? File there, but get counsel first. The police departments and cities/towns understand $$$$$.

I simply cannot imagine that this officer never did this before.

: Thanks - very helpful information (none / 0) (#15)
by JavaCityPal on Fri Jun 20, 2008 at 09:34:12 PM EST

An active search for an attorney is underway.
She's having no luck getting the ACLU to return her call.
I did forward the information on the Southern ... web site to her, and I'm forwarding your information, as well.
Seems the Phoenix area news agencies have been very open about naming the police officer, so if there are other victims, they might come forward.

Just awful. (5.00 / 1) (#17)
by AX10 on Fri Jun 20, 2008 at 09:47:50 PM EST

Petty beaurocrats at their worst!

This isn't a civil rights issue (5.00 / 2) (#19)
by dianem on Fri Jun 20, 2008 at 10:07:17 PM EST

This is flat out abuse of a young girl. The office should be charged with assault, not just dismissed.

Believe me, that's exactly what her mom (5.00 / 2) (#20)
by JavaCityPal on Fri Jun 20, 2008 at 10:18:51 PM EST

is trying to get done.

This guy is a sexual predator in my opinion, and he needs to be brought up on criminal charges. It's hard to imagine that he won't continue violating women.

I had suggested she contact the Prosecuting attorney in Scottsdale, or Phoenix to try to press charges, but she's now gotten an attorney so my guess is she will follow their lead unless she doesn't think enough is being done.

I know what it would take for me to think justice has been served!


Actually... (5.00 / 3) (#21)
by Alec82 on Fri Jun 20, 2008 at 10:37:33 PM EST

...probably both. I don't know that assault would be the proper charge, but I can imagine that a reasonable creative prosecutor could strong arm a guilty plea pretty easily.

The facts, however, make it a nice high profile federal case.


That's where I get lost (5.00 / 1) (#22)
by JavaCityPal on Fri Jun 20, 2008 at 10:40:22 PM EST

what makes it a Federal case?


color of law (5.00 / 3) (#23)
by TChris on Fri Jun 20, 2008 at 10:47:29 PM EST

I think you'll find the answer to that question here.


: Chilling (5.00 / 2) (#24)
by JavaCityPal on Fri Jun 20, 2008 at 10:51:48 PM EST

Thanks, TChris. Makes sense now.
I sure do hope this gets resolved properly.

I can add a piece that you may already have (none / 0) (#5)
by JavaCityPal on Fri Jun 20, 2008 at 08:31:25 PM EST

figured out.

This young woman is absolutely beautiful.

: Sect. 1983 provides attorneys fees (5.00 / 2) (#13)
by befuddledvoter on Fri Jun 20, 2008 at 09:08:04 PM EST

and they can rack up!!! So, with the right attorney it will be no cost to the victim. Note, I never use the word "victim," as I do criminal defense but this is really a victim. Prior poster with link to Southern Poverty Law Center is right. If you are not connected with the legal community in your jurisdiction, I think they will get you to someone appropriate for the case.

riddlerandy, if you're reading the comments (none / 0) (#16)
by JavaCityPal on Fri Jun 20, 2008 at 09:39:50 PM EST

the family thanks you tremendously.

Your recommended law firm took the case.

: So glad to hear they have representation now (none / 0) (#25)
by kempis on Sat Jun 21, 2008 at 04:20:35 AM EST

Good.
And something is wrong with that police department if the response is merely to fire the guy. Surely they're looking into charges and investigating his prior calls, too?

UPDATE (none / 0) (#26)
by c90dan on Fri May 01, 2009 at 12:15:43 PM EST

I am the mom.... my daughter couldn't live in Scottsdale and more and moved in with me (out of state). The attorney team called the city attorneys. They said "the economy was bad" and "they can't be held liable for some rouge cop"... offered $10,000. We came down on what we are asking and they didn't respond at all. We are moving ahead with filing a suit. Terrible.

He confessed according to the police (to me privately) but that is not what they are telling the public.