The New York Times-20080124-Newark Editor Sues Police- Charging Rights Violation

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Newark Editor Sues Police, Charging Rights Violation

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The editor of a Brazilian community newspaper who said he was detained by the police in September sued the Police Department on Wednesday, saying that his rights were violated when officers demanded that he hand over photographs of a crime scene and handcuffed him to a bench when he refused.

The lawsuit, filed in the Federal District Court, is the latest complaint stemming from the events of Sept. 6, when a freelance photographer with the Portuguese-language paper Brazilian Voice stumbled upon the body of a woman in a trash-strewn alley in the Ironbound district. The photographer took pictures of the body and returned to the newspaper office. Then he and the editor, Roberto Lima, contacted the police.

A police official who came to the scene asked the photographer about his immigration status, violating a state directive that prevents local law enforcement officers from asking the immigration status of witnesses to crimes. In a statement released on Wednesday, the police director, Garry F. McCarthy, said that in response to the photographer's allegations, the department had started a more comprehensive training program and had disciplined the police official, Deputy Chief Samuel A. DeMaio.

In the lawsuit, Mr. Lima, who returned to the alley with the photographer, maintains that Chief DeMaio bullied him and warned him not to publish pictures of the dead woman. He also says Chief DeMaio instructed another officer, Detective Lydell A. James, to seize the camera and an electronic storage card.

The journalists were taken to a police station, according to the lawsuit. When Mr. Lima asked that the camera be returned, he was told he would have to give the police all the copies of the photos taken at the crime scene, according to the suit. He refused, and a police officer handcuffed him to a bench for about half an hour but did not charge him, Mr. Lima says in the lawsuit.

He said he was released only after he accepted the advice of a Municipal Council member for the area, Augusto Amador, who told him to give the police the photos.

In an interview Wednesday, Mr. Lima said, It's my right to decide what to print. The police, he said, detained him simply because they can do things without repercussion.

Mr. Lima's lawsuit, filed by the state chapter of the American Civil Liberties Union and the Seton Hall University Center for Social Justice, says the Police Department violated state and federal laws, including the First Amendment to the Constitution and a state reporter shield law. The suit seeks compensation and punitive damages.

In the end, Mr. Lima did not publish any photos of the dead woman, he said, because it would have been disrespectful.

In his statement, Mr. McCarthy, the police director, said, Although I am not at liberty to comment directly on matters concerning open litigation, I can, however, ensure this department's continued cooperation and adherence to the legal process.