Posted on Tue, Dec. 16, 2003


Second lawsuit filed in school raid


The Associated Press

A second federal lawsuit was filed Monday stemming from the Stratford High School drug sweep, which drew national attention because police with guns drawn ordered dozens of students to the floors.

The American Civil Liberties Union sued on behalf of 20 students, alleging the raid violated constitutional protections against unlawful search and seizure, and excessive use of police force.

"It is a day to raise our voice in solidarity with these students and their families, and with students and families from all around the United States, to insist that what happened in Goose Creek on Nov. 5 never, ever happens again at Stratford High or at any of our nation's schools," said ACLU attorney Antonio Ponvert III.

The suit names as defendants Goose Creek, its police chief, a supervisory officer and 15 unidentified officers. It also names the Berkeley County School Board and Stratford's principal.

School officials had not seen the suit, so could not comment, said school district spokeswoman Pam Bailey. The mayor's office said Goose Creek officials would have no comment.

Earlier this month, a similar suit was filed on behalf of other students, and Ponvert said he expects the two will be combined for trial.

The suit filed Monday also alleges assault, battery, false arrest and intentional infliction of emotional distress.

It asks for a permanent injunction blocking the defendants from conducting such raids again and seeks unspecified damages.

Surveillance cameras showed students on the floor while officers with guns drawn and a drug dog checked about 100 students. Police said the dog sniffed drug residue on 12 book bags but found no illegal drugs and that no one was arrested.

The suit said the sweep "left the plaintiffs feeling betrayed, frightened, humiliated and falsely accused."

The sweep was "an act of terror," said the Rev. Jesse Jackson, who will hold a protest march and rally today. "We seek something basic - equal protection under the law."

Critics of the raid say it targeted blacks because it was conducted early in the morning at a time when most of the students at the school are black.

"All parents should be outraged this happened," Jackson said. "There would be a sense of national outrage" if white students were the object of such a sweep at a predominantly black school.

Ponvert said the ACLU is "deeply troubled" the raid appears to have targeted blacks but said the suit does not allege equal protection violations or racial motivations. "We want to give the defendants ... the opportunity to explain to us why the raid was conducted in the way it was," he said. "We want them to justify, if they can, this overwhelming effect on African-American children."

Fourteen-year-old Elijah Le'Quan Simpson, a plaintiff, said he was told not to move during the sweep and thought he would get shot if he did.





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