Attorney challenges law enforcement of sheriff

Jan 7, 2011 5:23pm

NASHVILLE, Tenn. (AP) — A Nashville attorney on Friday challenged the authority of Davidson County's sheriff to exercise law enforcement functions belonging to federal immigration officers.

The lawsuit filed by Elliott Ozment in Davidson County Chancery Court contends a charter formed nearly 40 years ago stripped the sheriff of all law enforcement authority and transferred it to the Nashville Police Department. The charter was later upheld in a Tennessee Supreme Court case, the lawsuit said.

Ozment said the charter nullifies a contract the sheriff signed with the U.S. Immigration and Customs Enforcement agency delegating law enforcement functions to the sheriff.

The contract allows the sheriff to check everyone brought into the jail to see if they're legally in the United States.

"Now the problem is the federal law that enables a 287(g) contract to be signed also requires that the contract be consistent with state and local law," Ozment said. "And so our contention in this lawsuit is that that contract is not consistent with state and local law because it confers law enforcement functions on a sheriff that's not supposed to be doing any law enforcement. We're contesting the legitimacy of the contract."

Under the 287(g) program, local law enforcement agencies can be given authority to enforce immigration law within their jurisdictions, according to the U.S. Immigration and Customs Enforcement website.

Sheriff spokeswoman Karla Weikel said the sheriff has not seen the lawsuit.

Stephen Fotopulos, executive director of the Tennessee Immigrant and Refugee Rights Coalition, said the question of whether the sheriff is a law enforcement officer is important because it affects the community.

"It creates fear and panic in the community, to where community members are unwilling to contact the police if they are victims of a crime or have information about a crime," Fotopulos said. "And that makes everyone less safe."

He said the coalition conducted a survey a little over a year ago that found 73 percent of Latinos in Davidson County are unwilling to contact police if they're victims of a crime because of 287(g).

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