ACLU of Washington Wins Compensation For Wrongfully Arrested Photographer (11/8/2007)
FOR IMMEDIATE RELEASE CONTACT: media@aclu.org
SEATTLE –
The American Civil Liberties Union of Washington today announced that a
Seattle man has obtained a settlement of $8,000 from the
city of Seattle after he was
arrested simply for taking photographs of police making an arrest. The ACLU
represented the photographer in his wrongful arrest case.
“People have the right to take photographs in public places.
Police should not be concerned that people are watching when they are performing
their duties,” said ACLU of Washington Legal Director Sarah Dunne.
Seattle resident Bogdan Mohora was
walking in downtown Seattle on the
morning of November 2, 2006, when he encountered two police officers arresting a
suspect. An amateur photographer, Mohora stopped briefly and took two pictures
of the arrest without speaking to or interfering with the
officers.
As he resumed walking, a friend of the person being arrested
approached Mohora about getting copies of the photos. One of the officers then
told Mohora to hand over the camera. When Mohora asked for an explanation, the
second officer said to “cuff him and bring him with us.”
Police handcuffed Mohora, seized his wallet and satchel, put
him in a squad car and took him to the city’s West Precinct. Police held him for
nearly an hour, before releasing him with a warning that he would be charged
later for “disturbing the peace,” “provoking a riot,” or “endangering an
officer.” Mohora was never charged, and the police apparently did not create a
report of his arrest – a violation of departmental policy.
“Being arrested simply for being a witness to police activity
was frightening and humiliating,” Mohora wrote in his claim against the
officers. “It bothers me to think that police can abuse their authority by
arresting innocent witnesses, and then not even make standard police reports to
document what happened.”
A police investigation later determined that the officers
behaved inappropriately.
Many other photographers have reported targeted harassment by
law enforcement since September 11, 2001. The ACLU assisted a photographer in
2005, when King County Sheriff’s deputies seized the memory card in his camera
for taking pictures of artwork in the
Seattle bus tunnel. And in 2004, the
ACLU assisted photography student Ian Spiers, who was questioned by law
enforcement for taking pictures at the Ballard Locks, a popular tourist
destination.
ACLU of Washington staff attorney Aaron Caplan handled
negotiations with the city over compensation for Mohora’s mistreatment.
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