By Hurst Laviana
The Wichita Eagle
SEDGWICK COUNTY, Kan. — A Sedgwick County judge has dismissed a racial profiling claim filed by a Wichita man whose case became the first test of the state’s 2005 profiling law.
District Judge David Kaufman said Wichita police were engaging in valid law enforcement practices when they stopped and searched Aaron Patterson on Aug. 24, 2005, at 21st and Minnesota. Patterson was cited for failing to use a turn signal, but the charge was later dropped.
The Kansas Human Rights Commission ruled in April 2006 that Patterson was the victim of profiling. That ruling, under the new law, gave him the right to sue the city for damages.
Although Kaufman’s ruling dismissed Patterson’s lawsuit, both sides said they expected the case to end up before the Kansas Court of Appeals.
City Attorney Gary Rebenstorf said Kaufman’s ruling came as welcome news for police.
“This is an important ruling in that a court of law found that the officers did not engage in racial profiling but were doing legitimate police work in stopping Patterson,” Rebenstorf said in a written statement.
“The earlier investigation and ruling by the Human Rights Commission placed severe limits on the police to do their job.”
Kevin Myles, NAACP Wichita branch president, said he was caught off guard by Kaufman’s ruling.
“I was very surprised to see the judge take this action, and very disappointed,” he said. “This case certainly deserves to be heard. It deserves its day in court. We’re going to appeal to make sure that’s what happens.”
Copyright 2008 The Wichita Eagle