UHP seeks dismissal of racial profiling suit

The Utah Highway Patrol has asked a federal court to dismiss a lawsuit filed by a San Diego resident who claims she was the victim of racial profiling when she was pulled over by officers last year.

Sherida Felders said in her lawsuit that she was driving through Utah to Colorado to see her grandson with two of her grandson's friends, Elija Madyun and Delarryon Hansend, accompanying her in the car. Felders was stopped on I-15 outside Cedar City for allegedly speeding on Nov. 20, 2008, by UHP trooper Brian Bairett. During the traffic stop, Bairett asked Felders to get out of the car and questioned whether she had any drugs in the vehicle, which she denied. Bairett then asked to search the car, but Felders objected, court documents state.

The woman and the two young men stood nearby while a K-9 unit was called to help with the search, which turned up no contraband.

Bairett also searched the trio's luggage and unscrewed parts of the car to inspect them, but found no drugs.

Felders contends she was singled out because she and her two passengers are black, and she alleges in her lawsuit that the trooper's actions were a violation of her constitutional rights and the 1964 Civil Rights Act.

Bairett denies treating Felders improperly and said in his response that Felders was speeding. He said he tried to tell her why he thought "there was a reasonable and lawful basis to detain her and her passengers," and he told her she was free to go when the search was done. He replaced the car parts correctly and did not damage the vehicle.

The Utah Attorney General's Office said the trooper's actions were not improper.

The attorney general's office also contends that Bairett should not be sued individually because he deserves some limited immunity.

The motion to dismiss states that the plaintiffs' claims against Bairett are untenable because the law does not provide for a remedy against an individual, as the law's provisions expressly provide that causes of action may only be brought against entities receiving federal funding.

However, Felders' attorney responded by saying the Utah Department of Public Safety, which supervises the UHP, does get federal funding, and there also is an appellate court ruling that shows individuals can be sued under the Civil Rights Act.

E-MAIL: lindat@desnews.com