KING DOWNING (Racial Profiling Victim) - ACLU

KING DOWNING (Racial Profiling Victim) - ACLU
Person Vogel Denise Newsome used as a sounding board in considering submitting Complaint to the United States Congress.
Provides information as to the REASONS why the FEDERAL BUREAU OF INVESTIGATION, JUDICIAL COMPLAINTS and CONGRESSIONAL COMPLAINTS Filed by Vogel Denise Newsome are being OBSTRUCTED from being PROSECUTED!
Garretson Resolution Group appears to be FRONTING Firm for United States President Barack Obama and Legal Counsel/Advisor (Baker Donelson Bearman Caldwell & Berkowitz) which has submitted a SLAPP Complaint to OneWebHosting.com in efforts of PREVENTING the PUBLIC/WORLD from knowing of its and President Barack Obama's ROLE in CONSPIRACIES leveled against Vogel Denise Newsome in EXPOSING the TRUTH behind the 911 DOMESTIC TERRORIST ATTACKS, COLLAPSE OF THE WORLD ECONOMY, EMPLOYMENT violations and other crimes of United States Government Officials. Information that United States President Barack Obama, The Garretson Resolution Group, Baker Donelson Bearman Caldwell & Berkowitz, and United States Congress, etc. do NOT want the PUBLIC/WORLD to see. Information of PUBLIC Interest!

1. updated 12/3/2007 8:02:09 PM ET
BOSTON — The top official in charge of
fighting racial profiling for the American Civil
Liberties Union says he was the victim of
profiling at the Boston airport, and he has
gone to federal court to challenge a screening technique that relies on suspicious behavior to identify potential terrorists.
King Downing said he was stopped and
questioned by state police in October 2003
after arriving on a flight to attend a meeting on
racial profiling.
Downing sued the Massachusetts Port
Authority, which operates the airport, and
Massachusetts State Police, alleging they
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Michael Dwyer / AP
King Downing, the national coordinator of the American Civil
Liberties Union's Campaign Against Racial Profiling, leaves
Federal Court in Boston, on Dec. 3. Downing says he was the
victim of profiling by police at Logan International Airport in
Boston, and he has gone to federal court to challenge a
screening technique used around the country that relies on
suspicious behavior patterns to identify potential terrorists.
ACLU official alleges racial profiling at airport
Man says he was victim of profiling, challenges Logan's screening technique
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EXHIBIT
136

2. violated his constitutional right against
unreasonable search. A trial in the case began
Monday in U.S. District Court.
Downing, who is black and wears a short
beard, said in his lawsuit that he was stopped
by a state trooper and asked to show
identification after he left the gate area and
made a phone call in the terminal.
When he declined, Downing said, he was told
to leave the airport, but was then stopped
again. He was surrounded by four state
troopers and told that he was under arrest for
failing to produce identification.
Downing, an attorney who serves as national
coordinator of the ACLU's Campaign Against
Racial Profiling, said after he agreed to show
his driver's license, the troopers asked to see
his airline ticket. He was then allowed to leave,
and no charges were filed against him.
In his lawsuit, Downing alleges the behavioral
screening system used at Logan International
Airport encourages racial profiling. His lawsuit
seeks unspecified damage and a ruling to
declare the screening system unconstitutional.
Downing was stopped "for no apparent
reasons other than his appearance," said Peter
Krupp, one of his attorneys. "He knew his
rights, and he knew he had done nothing
wrong."
In 2002, about a year after terrorists launched
the Sept. 11 attacks by hijacking two planes
from Logan, the airport began a program
called "Behavior Assessment Screening
System," which allows police to question
passengers whose behavior appears
suspicious. Logan was the first airport in the country to use the system.
The Transportation Security Administration
has rolled out a similar system at more than
40 of the nation's largest airports. The TSA
would not reveal what kinds of behavior
authorities look for, but officials at Logan have
previously said suspicious activity includes
loitering without luggage, wearing heavy clothes on a hot day and watching security methods at the airport.
Logan officials say race played no role in the
decision to question Downing. The first
trooper to ask Downing for identification was
black, and three of the four officers who
arrived later were also black, according to
court documents. The first trooper said he
became suspicious when he saw Downing
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3. watching him.
Airport officials insisted behavior-pattern
recognition helps strengthen security and
does not involve racial profiling.
"We welcome the opportunity to defend the
program in court," said Matthew Brelis, a
spokesman for the Massachusetts Port
Authority, which operates the airport. Critics say the behavioral-recognition
technique carries an inherent risk of racial
profiling.
"Done right, it is based on behavior. Done wrong, it is based on physical characteristics,
superficial characteristics," said Bruce Schneier, chief technology officer at the security firm BT Counterpane. "Unfortunately, it's easy to do it wrong."
Copyrigh
t 2007 The Associated Press. All rights reserved.
This material may not be published, broadcast, rewritten or
redistributed.
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4. Jury Finds Unlawful Detention At Logan Airport
Verdict stems from treatment of African-American passenger
after arrival in 2003
CONTACT
Peter Krupp, Attorney, Lurie & Krupp LLP, 617-312-3315
Christopher Ott, Communications Manager, 617-470-5553, [email protected]
DATE
December 9, 2007
BOSTON -- Friday evening, the jury in the Downing v. Massachusetts Port Authority trial found
that state police had unlawfully detained King Downing at Logan Airport in October 2003. Mr.
Downing also agreed to a settlement of his claims against the Massachusetts state trooper
principally responsible for the unlawful detention, William Thompson.
King Downing, a Harvard-educated lawyer, testified at the trial that he was stopped for
questioning by state police troopers after simply using a phone on his way out of Logan Airport
on the morning of October 16, 2003. Police demanded to see Mr. Downing’s identification and
travel documents, which he was under no obligation to provide. After initially being told that he
must leave the airport, which he intended to do anyway, Mr. Downing was surrounded by five
state troopers and told he was under arrest. Although the police had no reason to stop him,
Downing was detained for forty minutes until he finally acceded to police demands for his
identification and travel papers.
"The jury found that Mr. Downing was unlawfully detained by the State Police," said attorney
Peter B. Krupp, of the firm Lurie & Krupp LLP, who represented Mr. Downing in cooperation
with the American Civil Liberties Union of Massachusetts. "The jury verdict puts the state
police on notice that its programs, including the post-9/11 Passenger Assessment Screening
Program, must assure in the future that voluntary encounters between troopers and members of
the traveling public do not become the type of unlawful detention that Mr. Downing
experienced."
Downing had stopped on his way out of the airport to use a pay phone outside the secure area,
and he contended that the only thing that would have attracted the attention of the trooper was
his appearance. Mr. Downing is an African American who wears a beard. Downing testified that
while he was on the phone, a state trooper positioned himself just a few feet away where he
could easily listen in on Downing's call. When Downing objected, the trooper demanded to see
his identification.
PRESS RELEASE
ACLU of Massachusetts :: 211 Congress St. Boston MA 02110 :: 617.482.3170 :: 617.451.0009 (f) :: www.aclum.org

5. Ironically, Mr. Downing is the National Coordinator of the ACLU's Campaign Against Racial
Profiling.
Downing’s legal team had argued that his detention was the result of the Passenger Assessment
Screening System (also known as the Behavior Assessment Screening System). The PASS
program was designed to thwart terrorists and was put into effect at Logan Airport in 2003.
Similar screening systems are now in use at dozens of airports around the country.
The jury did not find that the incident on Oct. 16, 2003, was necessarily the result of the PASS
program, but nonetheless found that the police had unlawfully detained Mr. Downing because
they had detained him without reasonable suspicion to believe he had committed any crime. The
defendants had steadfastly contended that at all times during the 30-40-minute encounter with
the police, Mr. Downing was free to leave the police. The jury rejected this notion.
"A jury with no blacks found that my rights were violated," said King Downing. "This case sends
a message to blacks, and to all people, to stand up for their rights."
"This jury verdict upholds an important principle," said Carol Rose, Executive Director of the
ACLU of Massachusetts. "In the United States, people cannot be stopped without cause by the
police and required to produce identification and papers proving that they have a right to be in a
particular place. 'Your papers please' is a phrase that is alien to a free society."
"Police and airport security personnel should be on the lookout for genuinely suspicious
behavior, but the law is clear that they may not stop someone unless they have a reasonable
suspicion that a crime or an act of terrorism might be committed. The use of behavioral
characteristics, like those that were kept secret in this case, does not justify the detention of
someone in a non-secure area."
The ACLU of Massachusetts has questioned the use of behavioral pattern recognition out of
concern that it increases the likelihood of racial profiling. "The police are going to find
suspicious behavior where they look for it," Rose explained. "And experience teaches us that
they are more likely to look for it among people of color or a particular ethnicity. We will all be
safer if security personnel base their investigations on evidence, not simply racial
characteristics."
For more information about the case, see:
http://www.aclu.org/safefree/general/18765prs20041110.html
-end-
PRESS RELEASE
ACLU of Massachusetts :: 211 Congress St. Boston MA 02110 :: 617.482.3170 :: 617.451.0009 (f) :: www.aclum.org

6. Racial Justice | Racial Profiling
Jury Finds African American
Passenger Was Unlawfully
Detained at Logan Airport
December 10, 2007
FOR IMMEDIATE RELEASE
CONTACT:[email protected]
BOSTON - On Friday, a Suffolk Superior Court jury found state police unlawfully detained American Civil Liberties Union attorney King Downing at Logan Airport in October 2003,
and Downing agreed to a settlement of his claims against William Thomspon, the state
trooper principally responsible for the unlawful detention.
Downing, a Harvard-educated lawyer who is the National Coordinator of the ACLU’s
Campaign Against Racial Profiling, testified at trial that he was stopped for questioning by
state police troopers after simply using a phone on his way out of Logan Airport on the
morning of October 16, 2003. Police demanded to see Downing's identification and travel
documents, which he was under no obligation to provide. After initially being told that he
must leave the airport, which he intended to do anyway, Downing was surrounded by five
state troopers and told he was under arrest. Although the police had no reason to stop him,
Downing was detained for 40 minutes until he finally acceded to police demands for his
identification and travel papers.
"The jury found that Mr. Downing was unlawfully detained by the state police," said Peter B.
Krupp, an attorney with the firm Lurie & Krupp LLP, who represented Downing in
cooperation with the ACLU of Massachusetts. "The jury verdict puts the state police on
notice that its programs, including the post-9/11 Passenger Assessment Screening Program,
must assure in the future that voluntary encounters between troopers and members of the
traveling public do not become the type of unlawful detention that Mr. Downing
experienced."
Downing had stopped on his way out of the airport to use a pay phone outside the secure
area, and he contended that the only thing that would have attracted the attention of the
trooper was his appearance. Downing is an African American who wears a beard. Downing
testified that while he was on the phone, a state trooper positioned himself just a few feet
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7. away where he could easily listen in on Downing's call. When Downing objected, the
trooper demanded to see his identification.
The ACLU’s lawsuit alleges that Downing’s detention was the result of the Passenger
Assessment Screening System (PASS, also known as the Behavior Assessment Screening
System). The PASS program was designed to thwart terrorists and was put into effect at
Logan Airport in 2003. Similar screening systems are now in use at dozens of airports
around the country. While the jury did not find that the incident on October 16, 2003 was
necessarily the result of the PASS program, it nonetheless found that the police had
unlawfully detained Downing because they had detained him without reasonable suspicion
to believe he had committed any crime.
"A jury with no blacks found that my rights were violated," said King Downing. "This case
sends a message to blacks, and to all people, to stand up for their rights."
"This jury verdict upholds an important principle," said Carol Rose, Executive Director of
the ACLU of Massachusetts. "In the United States, people cannot be stopped without cause
by the police and required to produce identification and papers proving that they have a
right to be in a particular place. 'Your papers please' is a phrase that is alien to a free
society.
"Police and airport security personnel should be on the lookout for genuinely suspicious
behavior, but the law is clear that they may not stop someone unless they have a reasonable
suspicion that a crime or an act of terrorism might be committed. The use of behavioral
characteristics, like those that were kept secret in this case, does not justify the detention of
someone in a non-secure area," added Rose.
The ACLU of Massachusetts has questioned the use of behavioral pattern recognition out of
concern that it increases the likelihood of racial profiling.
"The police are going to find suspicious behavior where they look for it," said Rose. "And
experience teaches us that they are more likely to look for it among people of color or a
particular ethnicity. We will all be safer if security personnel base their investigations on
evidence, not simply racial characteristics."
More information about Downing v. Massachusetts Port Authority can be found online at:
www.aclu.org/safefree/general/18765prs20041110.
Published on American Civil Liberties Union (http://www.aclu.org)
Source URL:http://www.aclu.org/racial-justice/jury-finds-african-american-passenger-
was-unlawfully-detained-logan-airport
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