Race bias claim moves forward

  • Article by: ROCHELLE OLSON , Star Tribune
  • Updated: July 6, 2010 - 9:04 PM

Court of Appeals says the complaint brought by a Minneapolis minister over 2006 detention can go to trial.

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The Minnesota Court of Appeals on Tuesday agreed to allow a trial on a Minneapolis man's complaint of racial discrimination by two police departments while he was warming up for a run around Lake Calhoun in July 2006.

The Rev. Terry Williams, pastor at First Community Church in Minneapolis, was stretching and talking on his cell phone near his parked car shortly after noon when Minneapolis Park Police Officer Anne Deneen spotted him from her patrol car.

Deneen claims to have seen Williams look at another black man on a bike and believed the two were serving as lookouts for each other in a scheme to steal from a car, the Court of Appeals ruling said. She observed the men for two minutes, including the time it took her to loop back around the block.

She got out of her car and told Williams to come to her car. Although he asked her several times why, she just repeated her command sternly, the ruling said. He offered to get his identification from his nearby car, but Deneen said, "You're either going to come to my vehicle, or I'm going to call for backup."

Williams didn't yell, but he accused Deneen of racial profiling, and she called the backup.

Three Minneapolis police officers arrived, including Officer Dan Tyra, who closed in on Williams with the other officers until he was searched and agreed to enter Deneen's car.

Tyra told Williams, "It's no big deal." Williams replied, "It's a big deal because you're profiling."

The court said Tyra mocked Williams sarcastically and said, "Profiling? What does that mean?" Another officer shrugged in response, and Deneen said to Tyra, "Supposedly I'm profiling."

Williams said he was detained about 30 minutes. He filed charges of racial discrimination with the Minneapolis Commission on Civil Rights against both police departments in August 2006. In the spring of 2007, the commission found probable cause that both departments had engaged in racial discrimination. The commission found the police didn't have reasonable suspicion to stop Williams, detained him for an unreasonable time and demonstrated bad faith by providing inconsistent versions of the incident to investigators.

Through lawyers, the departments asserted they were immune from the claim. The court said the officers aren't entitled to immunity if they committed a malicious or willful act of misconduct in stopping Williams.

The ruling allows the commission to proceed with a trial, which could result in damages and attorneys fees or nothing at all.

Retired Judge Stephen Muehlberg wrote the 21-page decision, which also was signed by Judges David Minge and Roger Klaphake.

The city attorney declined to comment. Williams' lawyer, Karlowba Powell of Walker Law Offices in Minneapolis, said she was pleased that Williams "will be allowed to have his day in court."

Rochelle Olson • 612-673-1747

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