Racial Profiling Lawsuit

The Defender reported recently that the family of a man shot by police in his driveway on New Year’s Eve filed a federal lawsuit against the Bellaire Police Department, alleging that the City of Bellaire routinely engages in racial profiling, used excessive force during his traffic stop and violated his civil rights.  See, Defender News Service, “Robbie Tolan Sues City of Bellaire,” Defender, Vol. 78, No. 29, May 10 - 16, 2009, p. 1.  According to the news article, Robbie Tolan was shot by Bellaire Police Sgt. Jeff Cotton in the early morning hours of December 31, after officers approached the 23-year-old, who they mistakenly thought was driving a stolen vehicle.  Citing Tolan’s lawsuit, the article states further that Tolan, who is black, was shot once in the chest by Cotton, who is white, from a distance of 15 to 20 feet and that the bullet remains lodged in Tolan’s body, all but ending Tolan’s aspiring baseball career.  In addition, the article notes that Tolan maintains he was shot because he is Black living in a mostly white community.  The lawsuit reportedly dissects the officers’ actions in the shooting and alleges a culture of racism among Bellaire police officers, claiming, in part, that police engage in unconstitutional racial profiling and discrimination as a matter of policy.  Further, the lawsuit contends as well that a number of Bellaire officials should be held responsible for a pattern of using excessive force on minorities, amounting to an alleged “de facto” pattern of racial profiling.  According to the article, Bellaire officials have denied that officers engage in racial profiling and an assistant to Cotton’s attorney said Cotton’s actions were not racially motivated.  However, the article also notes that a grand jury indicted Cotton on a charge of aggravated assault by a public servant last month, but Cotton contends he believed his life was in danger when he fired at Tolan. 

Whether excessive force and racial profiling by law enforcement occurs in Bellaire, Beaumont, Houston or elsewhere, victims of unlawful police action may report mistreatment to the appropriate law enforcement employer and consult an attorney to determine if a civil rights lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential claim.