Sunland Park, ACLU settle police lawsuit
Profiling case resulted from traffic stop in March 2018
SUNLAND PARK — The city of Sunland Park has settled a police profiling lawsuit filed by the American Civil Liberties Union of New Mexico.
The lawsuit was filed on behalf of Las Cruces resident Oscar Gutiérrez Sánchez, who was stopped in March 2018 by an officer while driving through Sunland Park with his 5-year-old son. The Sunland Park Police Department officer detained Gutierrez Sanchez and his son for 45 minutes, according to the lawsuit filed in 3rd Judicial District Court in March. Without consent, a warrant or probable cause, the officer searched the vehicle with help from a U.S. Border Patrol agent and his drug sniffing dog, according to the suit. No drugs or other contraband were found.
Under the terms of the settlement, the former Sunland Park police officer involved in the case, Ismael Rodriguez, has agreed to pay Gutiérrez Sánchez $10,000 and cover attorneys’ fees. The City of Sunland Park agreed to permit the ACLU of New Mexico to review police training materials.
“We are pleased that the City of Sunland Park and its officers are committed to constitutional policing moving forward,” said Leon Howard, ACLU of New Mexico legal director, in a joint statement announcing the settlement. “It is vital for the trust and safety of the community that the police conduct traffic stops without unlawful profiling, pretext, or expansion of the scope of the original stop.”
“Sunland Park Police Department remains committed to ethical and lawful policing which makes our community safer,” Sunland Park City Manager Julia Brown said. “Our officers strive to maintain excellent relationships with the people and communities we serve and protect. We continue to seek out ways to improve our ability to do just that, and engaging with community stakeholders like the ACLU is an important means of serving those goals.”
The lawsuit alleged the officer’s actions violated the state Constitution, which prohibits unreasonable search and seizure, and a New Mexico statute that prevents law enforcement from profiling and discrimination.