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Black trooper wins new trial in profiling lawsuit
HARRISBURG, Pa. — A federal appeals court has granted a new trial to a black Pennsylvania state trooper who accused two white sheriff’s deputies of pulling him over because of his skin color.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the trial judge erred in some of his instructions to the all-white jury that dismissed Trooper Raphael Christopher’s lawsuit nearly two years ago.
It ordered a new trial solely on Christopher’s claim that the deputies violated his constitutional rights by stopping him without “probable cause” to suspect that he was breaking the law.
But the panel upheld the jurors’ verdict on other elements of the lawsuit, including their rejection of his claim that the stop violated his right to equal protection under the law, which bars selective enforcement of laws based on such considerations as race.
Christopher was off duty, out of uniform and driving his personal car on a rain-slick York street on Aug. 5, 2003, when York County deputies Frederick Nestlerode and Matthew Kerr pulled him over. Nestlerode, a veteran policeman with decades of experience, visually estimated Christopher was going at least twice the 25 mph speed limit and cited him for driving at an unsafe speed. A district judge found him innocent.
Christopher followed up by filing the civil rights lawsuit in U.S. District Court in Harrisburg and appealed the jury’s verdict to the circuit court.
Two of the three panelists said the trial judge erred in instructing jurors not to consider state laws that require the verification of a vehicle’s speed with a timing device or the presence of special hazards, such as pedestrian traffic or inclement weather, before an officer can establish “probable cause” and stop a motorist for driving at an unsafe speed.
The appellate judges said jurors should have been allowed to weigh that information against Nestlerode’s testimony that he has developed the ability to estimate vehicles’ speeds instantaneously.
Christopher’s lawyer, Gary Gildin, said he welcomes the prospect of a new trial on the constitutionality of the traffic stop, but said he may not raise the issue of racial profiling this time.
“We have not had a chance to think that through yet,” said Gildin, a professor at Penn State Dickinson Law School in Carlisle.
Nigeria leader reveals personal wealth as anti-corruption measure
ABUJA, Nigeria — President Umaru Yar’Adua revealed personal wealth of $5 million last week, saying public financial disclosures should be standard practice as Nigeria battles official corruption.
Yar’Adua, who took power May 29 with a promise to fight graft, said he owned several buildings across northern Nigeria, where his family is prominent in business and politics.
While required only to declare his finances to authorities, Yar’ Adua made the declaration public as an inducement to other politicians, said presidential spokesman Olusegun Adeniyi.
“While the constitution does not currently compel any public official to declare his assets publicly, President Yar’Adua intends to work with the leadership of the National Assembly to see what can be done to make assets declaration an effective weapon in the fight against corruption and abuse of office,” Adeniyi said.
Nigeria is regularly rated among the world’s most corrupt nations and politicians and government workers are routinely found pilfering from the public coffers.
The World Bank says at least $300 million in government funds cannot be accounted for over the decades in Africa’s biggest oil producer.
Yar’Adua’s predecessor, Olusegun Obasanjo, made fighting corruption a stated goal, and Yar’Adua promised to continue the efforts.
Arkansas senator urges Bush to nominate black judge to federal bench
LITTLE ROCK — President Bush should nominate a black person to fill the federal judgeship in Arkansas left vacant by the death of U.S. District Judge George Howard Jr., Sen. Mark Pryor says.
Not only was Howard the first black federal judge in Arkansas, Pryor said last Wednesday, but the Eastern District of Arkansas where Howard was a judge also has a large minority population.
Pryor, D-Ark., said in his weekly conference call with reporters that he was not opposed to any of the six people recommended last week to the White House for the post by U.S. Rep. John Boozman. He also said that Boozman, who made the recommendations as the only Republican in the Arkansas delegation, did a good job of coming up with a diverse list.
Boozman recommended five lawyers and a state appeals court judge to replace Howard, who died in April at age 82. Three of the candidates are black. The others are white.
Pryor has said in the past that he would like to see a black person succeed Howard.
“I have a concern about this vacancy,” Pryor said. “I really do think diversity is good on the federal bench. I think when you look at the Eastern District of Arkansas, if you look at the statistics, it is 20.6 percent African American.”
He noted that, among the five district judge positions, Howard’s was the only vacancy.
“If the White House does not nominate an African American to that position, Arkansas will be the only Southern state that doesn’t have an African American federal district court judge,” Pryor said.
The senator called Howard “a pioneer,” referring to his background of firsts. Howard was among the earliest black graduates of the University of Arkansas law school in Fayetteville. He served on the state Claims Commission, the state Supreme Court and the Arkansas Court of Appeals before arriving at the federal bench in 1980. He was the first black person to hold each of those positions in Arkansas.
Once Bush nominates Howard’s successor, that person will go through Senate confirmation hearings. U.S. Sen. Blanche Lincoln, D-Ark., also has said she would like a black person to succeed Howard.
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