Bexar County Deputy Accused of Racial Profiling

Posted on August 29, 2011 by Tom Crane

Residents of a north Bexar County community have accused a deputy Sheriff of racial profiling.  See San Antonio Express News report.  Some residents of Timberwood Park, near Bulverde, and local activists claim that Deputy Patrick Plate has been targeting Hispanics and pulling them over for traffic stops and calling US Immigration and Customs Enforcement (ICE) when the Hispanics could not prove citizenship.  The deputy has been reassigned pending the investigation.  The Sheriff's Office explained that immigration is not one of their responsibilities. 

The activists said reassigning the deputy to another area is not enough.  He should be off the streets, said one.  The residents said the deputy has apparently been targeting Hispanics driving old, beat-up pickup trucks.  Miguel Perez said he saw Deputy Plate peering into the windows of trucks stopped at a traffic light.  One of the trucks was driven by a co-worker of Mr. Perez.  Miguel Perez talked to the deputy about this and the deputy said the truck had malfunctioning lights.  Mr. Perez denies the lights were malfunctioning. 

In the most recent state legislative session, Gov. Perry tried to pass legislation making it easier for local law enforcement officers to enforce immigration laws.  His attempts, however, failed. 

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Direct Evidence of Discrimination Should be Enough

Posted on November 30, 2009 by Tom Crane

 What does it take to show discrimination, if this is not enough?  The best evidence to show discrimination is almost always what we call direct evidence.  The "n" word, for example,  is always good evidence to show racial prejudice.  Using the term "old man" is very good evidence to show age bias.  So, this case where an employer refers to an African-American as "boy" several times over a two year period is very good evidence.  Yet, inexplicably, the 11th Circuit Court of Appeals affirmed the grant of summary judgment.  See Alexander v. Opelika City Schools. 

Summary judgment is where a judge essentially finds that a plaintiff (employee) does not have adequate evidence to justify having a trial.  To say that "boy" is not enough evidence to justify a trial is very hard to believe.  Frankly, many appellate courts apply an unrealistic standard for evidence.  

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