Downey Loses Appeal in Civil Rights Suit

Downey has lost its appeal of a federal court decision awarding a Los Angeles woman $245,000 in damages and legal fees because her civil rights were violated during a 1979 arrest and strip-search by city police.

The decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals was filed last week.

A U.S. District Court jury awarded $200,000 in damages to Kimberly Renee Paul, now a 22-year-old U.S. Army private at Ft. Hood, Tex., in February, 1985. Judge Terry J. Hatter Jr. added the legal fees two months later.

“The jury had sufficient evidence to support its calculation of Paul’s damages. The jury was entitled to believe the evidence of abusive conduct by the police,” the appellate court ruling said.

Paul was 14 years old and lying asleep in a car on Sept. 17, 1979, when she was awakened and arrested at gunpoint for investigation of armed robbery by Downey plainclothes detectives, said Yvonne M. Renfrew, Paul’s attorney.

Renfrew said Paul, who is black, was terrified by the incident and humiliated during a strip-search performed at the police station by a jail matron. Within an hour of her arrest, Paul was released by police, who apologized.

Renfrew contended Paul was arrested because she is black.

“It’s perfectly apparent that they never had any probable cause to arrest this child,” Renfrew said. “Hopefully this will establish the right of a black person to go into the city of Downey without a passport.”

Police Chief William Martin defended the conduct of his officers. “I’m disappointed because my officers acted in good faith,” he said. “They acted within policy and within the law.”

City Atty. Carl Newton said it is unlikely the city would appeal the case to the U.S. Supreme Court.

The detectives were investigating a holdup of a local record store and police said Paul fit the description of a possible accomplice.