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Friday, November 5, 2010

ISSUES: Trans driver sues Portland police for alleged groping during traffic stop

By alley hector
Via QPDX:

Oh my, this already feels icky. The Oregonian reported this week that a transgender motorist is suing the Portland police for more than $200,000 for alleged groping during traffic stop. The plaintiff, Chloe Lucero, claims that the officer, unfortunately named Kevin Macho, grabbed her breasts and genitalia during a search instead of waiting for a female cop.

Macho claims that, although the alleged victim’s driver’s license states she is female that she appeared outwardly male in appearance.

According to the suit, officer Kevin Macho pulled over Lucero on Nov. 2, 2008 near Northeast Schuyler Street and First Avenue as she was driving home from a birthday brunch with her family. The suit states that Macho screamed “Give me the bottle,” then opened the driver’s side door and yanked Lucero by her left arm in an attempt to get her out of the car.


The suit claims that Lucero said she had no bottle and hadn’t been drinking, but the officer shoved Lucero against the car, examined her license and searched her “viciously and hurtfully, groping Chloe’s breasts and genitalia.”


The officer didn’t find any evidence of drinking, so he wrote Lucero a ticket for failing to signal, driving in the wrong lane and failing to yield, according to the suit.

“He told Chloe to plead guilty because he hated going to court and would make Chloe’s life miserable if he had to appear,” states the suit, which was filed Friday in Multnomah County Circuit Court by Beaverton attorney Dan DeNorch.


DeNorch couldn’t be reached for further details about the encounter. The city attorney’s office declined comment, stating its practice of withholding comment on pending litigation.

Most of Macho’s defensive statements thus far reference that trans issues are a new experience for him and the bureau has no policy regardign teh searching of transgendered individuals, so he did not know how to handle the situation. Q Center director Kendall Clawson said they would be happy to provide training to police, adding, “They don’t get the same rights or respect as any woman who was dragged out of a car and groped…People would not tolerate that.”

Lucero seeks $100,000 for mental, emotional and physical pain and suffering, $3,713 for medical costs that include torn muscles and $100,000 for future medical and psychiatric care.

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