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Traffic Stops for Cheek Swabs Bring Lawsuit

December 30, 2013 Allentown No Comments

     ALLENTOWN, Pa. (CN) – Reading, Pa. military helped a private executive lift over trusting drivers to take impertinence swabs to check for medication drugs, a motorist claims in court.
     Ricardo Nieves sued a City of Reading, a Mayor Vaughn Spencer, Police Chief William Heim, and a Pacific Institute for Research Evaluation, in Federal Court.
     He also sued a John and Jane Doe, allegedly employees of a Pacific Institute.
     The Calverton, Md.-based Pacific Institute, a nonprofit with 10 investigate centers around a country, studies particular and amicable problems associated to ethanol and drugs, according to a website.
     The association “receives income from a sovereign supervision to investigate a pushing habits of motorists,” Nieves says in a lawsuit.
     The Pacific Institute was operative on a agreement with a National Highway and Traffic Safety Administration, according to Pennsylvania journal reports on a weird stops.
     Nieves claims a association had accede from a mayor and military arch to lift over drivers who had not damaged any laws, to exam them for medication drugs and investigate their behavior.
     It happened to him on Dec. 13 as he gathering on a open highway in Reading, Nieves says.
     ”A cruiser owned and operated by a City of Reading Police Department was parked by a side of a travel with a lights flashing,” a lawsuit states.
     ”Bright orange confidence cones lined a line where plaintiff was driving. Plaintiff was in a right palm line and a line to plaintiff’s left was full of trade such that he could not lift over to change lanes.
     ”Defendant [John] Doe stepped out into plaintiff’s line of traffic, blocked his serve advance, and flagged him to lift off a open highway into a parking lot on Laurel Street.”
     Nieves had no choice though to expostulate into a parking lot, where 5 to 7 makeshift parking spaces had been combined by orange confidence cones. He pulled into one.
     ”Nieves pretty believed underneath a assemblage of a resources that he was being stopped by a Reading Police Department since of a flashing lights of a military automobile on a street, a fluorescent orange cones on a travel and in a parking lot, and a participation of a military automobile in a parking lot that was assigned by a military officer,” he says in a complaint.
     A lady with a clipboard, allegedly a Pacific Institute employee, came adult to his automobile and told him he had finished zero wrong and he was not being “pulled over” – a matter Nieves says was “clearly false.”
     Jane Doe told him, “the purpose of a stop was a consult of drivers’ function and that she wanted to take a impertinence bandage to check for a participation of medication drugs,” according to a lawsuit. She told him he would be paid to do it, Nieves says.
     She asked him twice some-more – a third ask Nieves calls duress – during that indicate he told her “very firmly, ‘No. Thank. You,’” according to a complaint.
     She attempted to palm him a pamphlet, that he did not accept, afterwards walked divided from his car. A Reading military officer in a parked military automobile afterwards forked him a approach out of a lot, Nieves says.
     Nieves claims a city and a military dialect accept income from a Pacific Institute for vouchsafing a private executive stop drivers but illusive cause, that is unconstitutional.
     He seeks an claim and indemnification for swindling to violate a Constitution, inherent violations and fake imprisonment.
     He is represented by Aaron Martin of Kennett Square.
     Representatives for a city and Pacific Institute could not be reached for criticism over a weekend.  

Article source: http://www.courthousenews.com/2013/12/30/64123.htm

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