ACLU Sues DEA, Police Officers for Roughing Up Amtrak Passengers
THE TORCH, Fall 2006, Volume 41, Number 3
The Newsletter of the American Civil Liberties Union of New Mexico
A drug enforcement agent and two police offices illegally searched
and roughed up an Armenian couple as the couple’s Amtrak train stopped
in Albuquerque on the afternoon of August 17, 2005.
During the search, one agent pulled bras and underwear from a
personal bag belonging to Diana Arutinova, smiling lasciviously as
the accompanying agents laughed and made coarse jokes. Arutinova and
her partner, Edgar Manukian, told the three agents they had nothing
illegal in their bags and to stop searching. The officers ignored
their wishes.
The American Civil Liberties Union (ACLU) of New Mexico sued the
officers on the couple’s behalf, claiming multiple violations of both
Arutinova’s and Manukian’s civil rights.
"This was a gross abuse of power," said ACLU executive director
Peter Simonson. "The agents had Arutinova and Manukian at their
mercy and they used the opportunity to entertain themselves and to
terrorize the couple."
Things went from bad to worse after the illegal search. Manukian
asked the officers for their names and badge numbers. Agent Jay
Perry pushed Manukian toward the train door and said, "You want my
name? What are you gonna do about it, —hole?"
Fearing for her husband’s safety, Arutinova stepped in between the
two men, but Perry grabbed her roughly by the arm and shook her so
hard that her head struck the wall. Perry then dragged Arutinova by
the arm back down the hallway toward the couple’s roomette, striking
her head against the wall two or three more times. He stopped only
when Arutinova began to scream.
Manukian took photos of the departing agents, but one officer noticed
the camera and the agents returned. Perry grabbed Manukian’s arm and
yelled, "What the hell are you doing taking pictures of us?
Give me that camera!" The agents seized the camera and walked away.
Simonson said, "Clearly the officers were trying to cover their tracks
by seizing the camera. The act was as cowardly as it was illegal."
Zachary Ives and Martha Mulvaney of Freidman, Boyd, Daniel, Hollander
and Goldberg PA are litigating the case for the ACLU along with
ACLU staff attorney George Bach and ACLU Legal Director Phil Davis.
The case was filed in federal district court.
The counts against the officers include retaliation for protected
speech, excessive use of force, and unreasonable search and seizure.
The plaintiffs seek compensatory and punitive damages.