Indian Man’s Racial-Profiling Lawsuit Partially Struck Down

The following article is from INDIAnewengland.com.

An Indian American man who is suing several US Secret Service agents and Boston Police Department officers for alleged violations of his civil rights during the 2004 Democratic National Convention in Boston recently said he remains optimistic about his case, despite losing at least two key battles in court last month [June 2008].

Vijay Shah accuses the law enforcement officers of racial profiling, violating his First Amendment rights and subjecting him to "de facto arrest without reasonable suspicion or probable cause," when they handcuffed him and brought him into a police station for questioning as he joined a DNC march.

But U.S. District Court of Massachusetts Judge Douglas P. Woodlock recently struck down several of Shah's complaints, including those of First and Fifth Amendment violations. Woodlock, however, did let one key complaint - Shah's contention that his Fourth Amendment rights were violated - stand.

The First Amendment to the U.S. Constitution gives protections of freedom of speech and expression, while the Fourth Amendment gives protections against search and seizure without probable cause. The Fifth Amendment gives protections of certain legal procedures.

During an interview about two weeks after the June 11 trial in which the agents argued for dismissal of the entire case, Shah said he was dissatisfied that some of the complaints were rejected. But he said he was pleased that the case would continue to at least challenge his detention and questioning, which, he says, amounted to a virtual arrest.

"We basically live to fight another day," said Shah, 37 of Cambridge. "For us, that's super news."

He also expressed concern over whether his racial profiling complaint stands. A lawyer representing Shah would not comment on the case because he said he is still interpreting the technical aspects of the judge's orders.

Shah, however, is adamant that he was the victim of racial profiling when he was picked up by the agents four years ago.

"I do feel this case is about race or racial profiling," said Shah, who is the son of immigrants who arrived to America from India 40 years ago.

"But mainly I'm thrilled - I couldn't believe how well the hearing turned out. The judge saw the case the same way we did, not as a matter of security, but as an arrest without probable cause."

A spokesperson for Jennifer Boal, the assistant U.S. attorney defending the Secret Service Agents in the case, said that she could not comment on the ongoing litigation.

Shah's dispute with the agents, particularly special agent J. W. Holloway, dates back to July 25, 2004.

The way Shah recalls the events that day, he was wandering around the Democratic National Convention, wearing sandals and summer clothes while toting a backpack with a few cookies and a notebook.

After spontaneously deciding to join a march at the event, he was approached by a man in a blue blazer who, without identifying himself, asked him to step outside the march for questioning.

Shah said he declined the request and kept going.

But moments later, Shah said, Holloway and an unidentified police officer grabbed him, forced him down an alley, and handcuffed him. He claims the officers didn't identify themselves until after he was handcuffed.

The officers proceeded to question him outside of Boston City Hall before driving him in a police car to the Boston Police Department where he was again interrogated in a windowless room. Shah was eventually let go and not charged with any crime.

In statements and documents filed in the US District Court of Massachusetts, however, Holloway and other officers contend that Shah appeared to be acting "suspiciously" that day and that he was "loitering" around DNC security checkpoints. Holloway also states that Shah fled when approached by law enforcement officers and that his casual attire and lack of credentials made him stand out.

In a memo written on Secret Service agency letterhead and filed in court, Holloway states: "My attention was drawn to him because he was in a large crowd of individuals who were dressed in neat casual attire and entering the checkpoint with proper credentials. Shah was dressed very casually with a t-shirt and sandals, and did not have any DNC credentials displayed."

But Shah has said he suspects what really drew the agent's attention to Shah was his dark skin and full beard.

Boston police officers named in the case are seeking to get dropped from the lawsuit.

source: www.INDIAnewEngland.com

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