Racial Profiling Lawsuit Is Dismissed

Finding no proof of racial profiling, a federal judge has dismissed a lawsuit by a black Oxnard couple who alleged that 12 gun-wielding police officers pulled them over after church 18 months ago for no reason other than their race.

U.S. District Judge Steven V. Wilson ruled Friday that Neil and Kim Skipwith offered no evidence that profiling was a factor when Oxnard officers investigating a stolen-vehicle case stopped them and demanded that he lie face down on the pavement while his wife and son watched.

“Even if [the] plaintiffs were correct that [one officer] was racially motivated to stop the plaintiffs,” Wilson wrote, “an objective police officer would still have been justified in making the stop based on other facts in the case.”

Shortly before the stop, officers were notified that a car similar to the Skipwiths’ had been stolen from a dealership.

During the stop to identify the family’s white Cadillac sport utility vehicle, which lasted seven to 12 minutes, officers did not deprive the Skipwiths of their constitutional rights, and excessive force was not used, the judge ruled.

“It is undisputed that [Neil] Skipwith initially refused to comply with instructions, and by that conduct prolonged the encounter,” Wilson noted. “Under the circumstances it was not unreasonable for the defendants to order Neil Skipwith out of his car, to lie down, to handcuff him and place him in a patrol car while they investigated.”

The Skipwiths could not be reached for comment.

Oxnard Police Chief Art Lopez said he did not know if the couple will appeal the ruling.

Lopez said the Skipwith case spotlights an issue that his department is moving to address by adding two hours of racial-profiling training to four classroom hours that will soon be required annually by the state Commission on Police Officer Standards and Training.

“We’re gratified by the federal court decision,” Lopez said. “But racial profiling is something we take seriously here in Oxnard. Since we have so many folks who are of minority descent, we know this is a critically important issue.”

About 80% of Oxnard’s 177,000 residents are minorities. About 40% of the city’s police officers are Latino, black or Asian, Lopez said.

Racial profiling--the singling out of possible suspects based solely on race or ethnicity--has gained national attention in recent years as investigations have uncovered its alleged use by the U.S. Customs Service and other law enforcement agencies, including the New York City Police Department.

Lopez said that last spring he issued a firm policy banning the use of racial profiles in making patrol stops. “Our officers understand that racial profiling is not something that we tolerate,” he said.

Lopez said minority members of his community advisory committee will make presentations to every Oxnard police officer each year.