Death of UAPD officer may be enough to dismiss case
A UA student, who reportedly had his shoulder dislocated by UAPD officers in January 1999 during an arrest, filed charges against the university, but as of Monday, the charges might be dismissed.
Officials are seeking to dismiss a suit against the university for a violation of the student's civil rights after the suicide of one of the arresting officers might have tilted the balance of the case.
Nurdeen Lawal, a science graduate student, allegedly had his shoulder dislocated when University of Arizona Police Department officers placed him into custody because he met the description of a suspicious person who had been seen on campus.
Lawal reportedly entered a Taco Bell at 1818 E. Speedway Blvd. on Jan. 14, 1999, when he was arrested by UAPD for his resemblance to a black man with Latino features who was said to have been stealing things from the Architecture building.
A decision to dismiss the case against the UA for violations of a student's rights was left up to a judge on Monday.
Lawal is looking for compensation from the University of Arizona for an incident that Lawal's attorney calls a "case of racial profiling."
"I am concerned because my client has had a serious violation of his civil rights," said the plaintiff's attorney Paul Gattone.
After injuring his shoulder, police reportedly threw him on the ground and told him to shut up. They then reportedly dragged him to a back alley where he waited for more than an hour for witnesses to confirm that he was not the suspect.
Lawal is suing the university for civil rights violations and is also following up on charges against officers Bradwin Lichty and Floyd Mallory, who has since committed suicide.
Neither UA spokeswoman Sharon Kha or UAPD Chief Tony Daykin could comment on the case, because it is still in litigation.
Gattone said Judge John Roll may dismiss the case because of the absence of Mallory. Without Mallory to defend his standpoint of the case, any judgment wouldn't be balanced.
Gattone said he still hoped his client could have his day of justice.
"Certainly if we could proceed (through) the courts, it would be preferable to at least have his day," Gattone said. "We want to send the message that this activity can't go on with some sort of answer why."
Gattone said his client is still seeking physical therapy for his shoulder injury that has required two surgeries to correct. He is also still seeking psychological therapy as well.
"The way the incident occurred and the manner which it played out is indicative of a lack of training on a part of UAPD in regard to racial profiling," said Leah Berger, spokeswoman for Justice for Nurdeen Lawal, a coalition for Lawal's case.
