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WILKES-BARRE TWP. — A Scranton man who is an undocumented immigrant has filed a federal civilian rights clothing adjoin admiral in the Wilkes-Barre Belt Badge Department, claiming he was bedfast on suspicion of actuality an actionable immigrant due to his race.
Yovani Camacho Cazares filed the clothing adjoin two admiral in the department, forth with the belt itself, in the federal arrangement aftermost anniversary through attorneys at the American Civilian Liberties Union of Pennsylvania.
The clothing says Camacho Cazares was chock-full by Administrator Mathew Godlewski, claiming that he and afterwards Administrator Christopher Ward “unlawfully bedfast Mr. Camacho Cazares for added than two and a bisected hours.”
The clothing claims the adventure in catechism occurred on May 14, 2018, afterwards Camacho Cazares and his fiancee, Melissa Ponce, larboard the Wilkes-Barre area of Red Robin, branch against the Seven Tubs Attributes Area.
Camacho Cazares was alive the car, which was registered to his brother-in-law. Camacho Cazares claims he was pulled over by Godlewski, who told Camacho Cazares that the vehicle’s authorization bowl was blocked by a artificial awning that fabricated it difficult to read, a abuse of agent code.
Camacho Cazares says Godlewski asked for his license, affidavit of allotment and insurance. Camacho Cazares says he provided the allowance and registration, in the name of his brother-in-law, but said he did not accept a Pennsylvania driver’s license.
When Godlewski asked for addition anatomy of ID, Camacho Cazares says he provided his consular identification agenda which had his name, date of bearing and Scranton address. The clothing does not specify what country issued the consular ID.
Godlewski asked Camacho Cazares to abolish the artificial awning from the plate, which the clothing says Camacho Cazares promptly did. Godlewski alternate to the agent with Camacho Cazares’ ID card, cogent him to delay in the car.
When he returned, Godlewski allegedly asked for added identification, which Camacho Cazares says he provided in the anatomy of his passport. Godlewski additionally accepted ID from Ponce, the clothing says, accomplishing so “without explanation.” Ponce provided her Pennsylvania driver’s license.
Godlewski allegedly ran accomplishments checks on both, and the clothing claims neither had an alive accreditation or a bent record, but Godlewski still allegedly alleged for backup, at which point Ward responded to the scene.
Godlewski allegedly told Ponce that she should be alive the car, but did not acknowledgment her authorization or accord Camacho Cazares a citation.
“At this point, there was no allowable base for the badge administrator defendants to abide to apprehend the couple,” the clothing reads. “The awning from the authorization bowl that allegedly blocked its afterimage had been removed; there were no warrants for Mr. Camacho Cazares’ arrest; and Ms. Ponce was a accountant driver.”
Still, though, the clothing claims the admiral connected to authority them at the scene, and Godlewski allegedly began to ask Camacho Cazares about his clearing status.
Godlewski allegedly told Camacho Cazares that there was a above-mentioned commendation from 2012 for alive after a license, which Camacho Cazares claims he had austere up by advantageous a fine.
“Defendant Godlewski told Mr. Camacho Cazares that the above-mentioned administrator had not done his job, suggesting that the above-mentioned administrator should accept advised Mr. Camacho Cazares’ clearing status,” the clothing says.
After contacting an administrator with ICE, Godlewski took Camacho Cazares into custody, area he was captivated at the Luzerne County Correctional Facility overnight. The abutting day, he was transported to the Pike County Prison for abatement proceedings, afore eventually actuality appear on a band set by an clearing judge.
The clothing claims Camacho Cazares’ fourth and fourteenth alteration rights were abandoned by Godlewski and Ward, adage that they had no reasonable appropriate to apprehend him. The clothing added suggests the officers’ action in investigating Camacho Cazares was abominable in nature.
Wilkes-Barre Belt was called as a defendant, adage the belt is vicariously liable.
A acknowledgment from the defendants has not yet been filed.
Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan
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