Mexican family, claiming profiling, seeks $45,000
by Astrid Galvan - Jul. 18, 2008 05:57 PM
The Arizona Republic
The Mexican family involved in a December traffic stop in which they claim Gilbert Police violated their rights by racial profiling are asking the town to pay $45,000 in damages, according to Gilbert documents.

Monday is the town's deadline to respond to the request, said the family's attorney, Kendall Steele.

On Dec. 14, Officer Chad Wright pulled over Armando Rodriguez-Morales, then 59, on suspicion of illegally backing up.

Wright, a motorcycle officer, was part of an East Valley DUI task force in Mesa when he pulled over Rodriguez-Morales, a Mexican citizen.

Rodriguez-Morales was with his wife and two family friends.

They claim they were pulled over because Wright believed they were illegal immigrants, according to documents.

The family was legally visiting to attend a wedding.

During the stop, Wright thought Rodriguez-Morales' driver's license had been falsified.

Morales didn't have insurance papers, so Wright confiscated the vehicle keys and had it towed to an impound yard, a standard protocol.

Wright left the family stranded, according to reports.

In a notice of claim to the town, Kendall claims the family's First, Fourth, Fifth and Fourteenth Amendment rights were violated due to illegal stopping, searching and abandoning.

Anyone planning to sue the town of Gilbert must first file a notice of claim, after which the town attorney reviews the case.

"We feel that rights were denied, were abused," Steele said. "I think it's fairly clear in our minds there was no legal basis for the stop."

But an investigation by the police department concluded Wright did not racially profile.

It did, however, find he violated department policy by locking the car and leaving the scene without waiting for a tow truck to take it.

Wright was given a written reprimand and was forced to seek counseling.

He is still employed by Gilbert Police and works as a patrol officer, said Gilbert Police spokesman Sgt. Mark Marino.

The department cannot comment on any pending cases, Marino said.

Town officials did not return calls requesting comment.

Kendall said if the town does not respond Monday, the family will most likely file a lawsuit and increase the amount they are asking for.

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