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KING DOWNING (Racial Profiling Victim) - ACLU

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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!

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  • 1. http://www.msnbc.msn.com/id/22087842/ Page 1 of 3advertisementACLU official alleges racial profiling at airportMan says he was victim of profiling, challenges Logans screening technique 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 advertisementMichael Dwyer / APKing Downing, the national coordinator of the American CivilLiberties Unions Campaign Against Racial Profiling, leavesFederal Court in Boston, on Dec. 3. Downing says he was thevictim of profiling by police at Logan International Airport inBoston, and he has gone to federal court to challenge ascreening technique used around the country that relies onsuspicious behavior patterns to identify potential terrorists. EXHIBIT 136http://www.msnbc.msn.com/cleanprint/CleanPrintProxy.aspx?1283622254021 9/4/2010
  • 2. http://www.msnbc.msn.com/id/22087842/ Page 2 of 3advertisementviolated his constitutional right against called "Behavior Assessment Screeningunreasonable search. A trial in the case began System," which allows police to questionMonday in U.S. District Court. passengers whose behavior appears suspicious. Logan was the first airport in theDowning, who is black and wears a short country to use the system.beard, said in his lawsuit that he was stoppedby a state trooper and asked to show The Transportation Security Administrationidentification after he left the gate area and has rolled out a similar system at more thanmade a phone call in the terminal. 40 of the nations largest airports. The TSA would not reveal what kinds of behaviorWhen he declined, Downing said, he was told authorities look for, but officials at Logan haveto leave the airport, but was then stopped previously said suspicious activity includesagain. He was surrounded by four state loitering without luggage, wearing heavytroopers and told that he was under arrest for clothes on a hot day and watching securityfailing to produce identification. methods at the airport.Downing, an attorney who serves as national Logan officials say race played no role in thecoordinator of the ACLUs Campaign Against decision to question Downing. The firstRacial Profiling, said after he agreed to show trooper to ask Downing for identification washis drivers license, the troopers asked to see black, and three of the four officers whohis airline ticket. He was then allowed to leave, arrived later were also black, according toand no charges were filed against him. court documents. The first trooper said he became suspicious when he saw DowningIn his lawsuit, Downing alleges the behavioralscreening system used at Logan International advertisementAirport encourages racial profiling. His lawsuitseeks unspecified damage and a ruling todeclare the screening system unconstitutional.Downing was stopped "for no apparentreasons other than his appearance," said PeterKrupp, one of his attorneys. "He knew hisrights, and he knew he had done nothingwrong."In 2002, about a year after terrorists launchedthe Sept. 11 attacks by hijacking two planesfrom Logan, the airport began a programhttp://www.msnbc.msn.com/cleanprint/CleanPrintProxy.aspx?1283622254021 9/4/2010
  • 3. http://www.msnbc.msn.com/id/22087842/ Page 3 of 3advertisementwatching him.Airport officials insisted behavior-patternrecognition helps strengthen security anddoes not involve racial profiling."We welcome the opportunity to defend theprogram in court," said Matthew Brelis, aspokesman for the Massachusetts PortAuthority, which operates the airport.Critics say the behavioral-recognitiontechnique carries an inherent risk of racialprofiling."Done right, it is based on behavior. Donewrong, it is based on physical characteristics,superficial characteristics," said BruceSchneier, chief technology officer at thesecurity firm BT Counterpane. "Unfortunately,its easy to do it wrong."Copyright 2007 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten orredistributed. advertisementhttp://www.msnbc.msn.com/cleanprint/CleanPrintProxy.aspx?1283622254021 9/4/2010
  • 4. PRESS RELEASE Jury Finds Unlawful Detention At Logan Airport Verdict stems from treatment of African-American passenger after arrival in 2003CONTACTPeter Krupp, Attorney, Lurie & Krupp LLP, 617-312-3315Christopher Ott, Communications Manager, 617-470-5553, cott@aclum.orgDATEDecember 9, 2007BOSTON -- Friday evening, the jury in the Downing v. Massachusetts Port Authority trial foundthat 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 trooperprincipally responsible for the unlawful detention, William Thompson.King Downing, a Harvard-educated lawyer, testified at the trial that he was stopped forquestioning by state police troopers after simply using a phone on his way out of Logan Airporton the morning of October 16, 2003. Police demanded to see Mr. Downing’s identification andtravel documents, which he was under no obligation to provide. After initially being told that hemust leave the airport, which he intended to do anyway, Mr. Downing was surrounded by fivestate 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 hisidentification and travel papers."The jury found that Mr. Downing was unlawfully detained by the State Police," said attorneyPeter B. Krupp, of the firm Lurie & Krupp LLP, who represented Mr. Downing in cooperationwith the American Civil Liberties Union of Massachusetts. "The jury verdict puts the statepolice on notice that its programs, including the post-9/11 Passenger Assessment ScreeningProgram, must assure in the future that voluntary encounters between troopers and members ofthe traveling public do not become the type of unlawful detention that Mr. Downingexperienced."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 washis appearance. Mr. Downing is an African American who wears a beard. Downing testified thatwhile he was on the phone, a state trooper positioned himself just a few feet away where hecould easily listen in on Downings call. When Downing objected, the trooper demanded to seehis identification. ACLU of Massachusetts :: 211 Congress St. Boston MA 02110 :: 617.482.3170 :: 617.451.0009 (f) :: www.aclum.org
  • 5. PRESS RELEASEIronically, Mr. Downing is the National Coordinator of the ACLUs Campaign Against RacialProfiling.Downing’s legal team had argued that his detention was the result of the Passenger AssessmentScreening System (also known as the Behavior Assessment Screening System). The PASSprogram 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 PASSprogram, but nonetheless found that the police had unlawfully detained Mr. Downing becausethey had detained him without reasonable suspicion to believe he had committed any crime. Thedefendants had steadfastly contended that at all times during the 30-40-minute encounter withthe 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 sendsa 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 theACLU of Massachusetts. "In the United States, people cannot be stopped without cause by thepolice and required to produce identification and papers proving that they have a right to be in aparticular 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 suspiciousbehavior, but the law is clear that they may not stop someone unless they have a reasonablesuspicion that a crime or an act of terrorism might be committed. The use of behavioralcharacteristics, like those that were kept secret in this case, does not justify the detention ofsomeone in a non-secure area."The ACLU of Massachusetts has questioned the use of behavioral pattern recognition out ofconcern that it increases the likelihood of racial profiling. "The police are going to findsuspicious behavior where they look for it," Rose explained. "And experience teaches us thatthey are more likely to look for it among people of color or a particular ethnicity. We will all besafer if security personnel base their investigations on evidence, not simply racialcharacteristics."For more information about the case, see:http://www.aclu.org/safefree/general/18765prs20041110.html -end- ACLU of Massachusetts :: 211 Congress St. Boston MA 02110 :: 617.482.3170 :: 617.451.0009 (f) :: www.aclum.org
  • 6. Jury Finds African American Passenger Was Unlawfully Detained at Logan Airport Page 1 of 2 Racial Justice | Racial Profiling Jury Finds African American Passenger Was Unlawfully Detained at Logan Airport December 10, 2007 FOR IMMEDIATE RELEASE CONTACT: media@aclu.org 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 Downings 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 feethttp://www.aclu.org/print/racial-justice/jury-finds-african-american-passenger-was-unlawful... 9/4/2010
  • 7. Jury Finds African American Passenger Was Unlawfully Detained at Logan Airport Page 2 of 2 away where he could easily listen in on Downings 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-airporthttp://www.aclu.org/print/racial-justice/jury-finds-african-american-passenger-was-unlawful... 9/4/2010

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