Tuesday, December 30, 2008

Stop A Black Woman For Speeding, Get Sued For Racial Profiling: Utah Trooper Brian Bairett Targeted In Federal Suit By Sherida Felders

Update January 9th: KSL has posted a news video which includes a 22-minute Dashcam Video of the traffic stop. Updated post HERE.

It's well known that many black Americans don't like to be held accountable. They play the slavery card and the race card when you try. Unfortunately, their efforts are aided and abetted by dumbass whites who are desperate to appear fair and avoid the dreaded charge of "racism". Most whites don't exercise the type of backbone that Senator Chris Buttars did when he stood up to the NAACP last winter. Blacks couldn't get away with half of their shenanigans if it wasn't for naive or opportunistic guilt-tripping whites in power.

And now a Utah Highway Patrol trooper who tried to hold a black motorist accountable for speeding near Cedar City, Utah is being targeted with a Federal suit because he tried to hold her accountable. The claim - racial profiling, of course. The suit has been filed by Sherida Fulders against Utah Highway Patrol Trooper Brian Bairett. Utah media stories published by the Deseret News, the Salt Lake Tribune, and KSL Channel 5.

Suit Documents:
-- Civil cover sheet
-- Copy of lawsuit
-- Complaint filed by Felders

Summary: On November 20th, 2008, 54-year-old Sherida Felders of San Diego was on her way to visit her grandson in Fort Collins, CO. Two of her grandson's friends, 18-year-old Delarryon Hansend and 17-year-old Elijah Madyun, were accompanying her. Suddenly, she got lit up on I-15 in Cedar City, and pulled over for speeding. By her own admission, she was doing 84 miles per hour in a 75 mph zone.

After Trooper Bairett pulled her over, he asked for her license and registration, and then wrote a ticket. But after giving Felders the ticket, Bairett asked her to get out of the Jeep Cherokee. Then he asked her if she had any methamphetamine, cocaine, or crack in the vehicle. She denied it. Them Bairett asked permission to search her car, which she denied. He then had Felders wait while a called for a drug-sniffing dog.

After the dog arrived, it sniffed inside and outside the car and went through it three times, allegedly finding nothing, according to Felders. But Trooper Bairett went into his patrol car, got a screwdriver and then started unscrewing several compartments in her car looking for hidden drugs, then did not put everything back in order when he concluded his search. Perhaps the extra vigilance is attributable to the fact that the I-15 corridor through Cedar City is known as "drug alley" within the Utah Highway Patrol; troopers routinely find drugs hidden in cars.

Meanwhile, Sherida Felders claims that the two-and-a-half hour traffic stop and the cold weather aggravated some prior physical injuries, including sever arthritis and torn tendons in her right hip. She claims she cannot stand for a prolonged period of time. And so she has now filed a lawsuit against Trooper Bairett and the Utah Highway Patrol, claiming they were racially profiled during that traffic stop. She doesn't understand how Bairett could have had probable cause to continue the search after the dog came up empty-handed. The suit does not specify a monetary amount; here's what being sought, as presented on page 19 of the 20-page suit document:

1. For general compensatory damages for each of them in an amount to be determined at trial;
2. For special damages as are shown at trial;
3. For punitive damages against named individuals as may be allowed by law;
4. For pre-judgment interest on the damages assessed by the verdict of the jury, as allowed by law;
5. For Plaintiffs’ costs and reasonable attorney fees incurred herein, pursuant to 42 U.S.C. 1988; and
6. For such other and further relief as the Court deems just and proper.

Also targeted in the suit are several other unnamed UHP officers, including the K-9 officer who responded and Bairett's supervisor.

But the Utah Highway Patrol is fighting back. UHP spokesman Sgt. Jeff Nigbur says this case was not racially motivated. He says, "I can't go into all the details because of the pending lawsuit, but there were some red flags that gave this officer reasonable suspicion. He built on that and took it in the direction he took it". Nigbur also said the trooper would've acted the same no matter what color skin the people in the car had. In addition, Nigbur explained, "This trooper has nothing to that effect in his background. It's unfortunate the allegations have to be made that it's racially motivated because it's not. We're doing our job and doing what the citizens of Utah expect us to do".

Sherida Felders is being represented by renowned Salt Lake triple-threat lawyer Robert Sykes, who specializes in personal injury, civil rights, and police misconduct.

Commentary: I'm curious myself as to why the UHP trooper decided to continue searching Felders' vehicle after the dog search came up negative. I wonder what additional probable cause he could have.

But for a black person to file a racial profiling suit undermines the inquiry. Most mainstream people don't take these racial profiling charges seriously, particularly in the absence of any racial slurs or racial remarks during the traffic stop. Sherida Felders merely comes across as another black agitator looking for a handout. Her retention of a noted personal injury mouthpiece further facilitates this perspective.


steel68 said...

I'm convinced your an attorney Dawg, or at least work in the legal profession in some manner!

I sure hope Sherida's arthritis wasn't aggravated too much by this.She might have to cut back her KFC bucket from a 20-piece to a 6-piece due to the additional strain on her joints.This, of course, could lead to an additional lawsuit by KFC against Mr. Bairett because of a drop in sales arising from the incident in question.

Anonymous said...

The trooper asked for permission to search the car. The driver told him "no". He searched anyway. He then used a drug dog -- convinced, no doubt, that the canine would prove the trooper's suspicions right. The dog came up empty, three times. But the trooper STILL wouldn't take no for an answer. He tore the lady's car apart in a fruitless search for drugs.

The trooper had no probable cause to engage in the first search, much less the second or the third searches. He violated Ms. Felder's Fourth Amendment right to be free from unreasonable, warrantless searches. Kudos to her for suing the ass off the clueless UHP. You would do the same thing.

Driving through "drug alley" does not make you a suspect -- at least it shouldn't.

Josh said...

I don't think you are an attorney. I think you are just a bigot!
I can not believe you and your statements. I think you are the one with no backbone to stick up for what is right. Filing a lawsuit is the right thing she handled everything the way an innocent person should have and I hope the highway patrol has to pay. You also made statements claiming she is just looking for another handout. Talk about racial profiling! Take a look at your self buddy!