The Cheyenne Police Department is asking a federal judge to dismiss a Black man’s racial discrimination lawsuit, saying the man didn’t stay within the rules for making that claim.
Gene Clemetson sued the Cheyenne Police Department and two of its officers in their official capacities in September, claiming he was harassed and falsely accused of drunk driving after making a haphazard stop as he turned right on a red light two years ago.
In response, the police department is asked the U.S. District Court for Wyoming to dismiss Clemetson’s allegations as mere legal conclusions that don’t fit the framework for advancing a racial discrimination claim.
“(Clemetson) simply asserts boilerplate language for his … claims for discrimination on the basis of race … and for his equal protection claim for discrimination,” says the filing, made earlier this month.
Clemetson didn’t show that the officers committed a tort (or civil wrong) while acting within the scope of their duties, the department’s filing argues. It also says that Clemetson failed a different avenue for suing a municipal government, in which he would d have had to prove that the police department had a policy or custom that deprived him of a constitutional right.
“Due to the bald assertions and conclusory statements by (Clemetson), coupled with no mention of a policy or custom, there can certainly be no ‘moving force’ to pursue a claim against the officers in their official capacity that can survive this Motion to Dismiss,” the filing says.
The department is also asking the court to remove Clemetson’s request for punitive damages, since the state law describing how individuals can sue the government doesn’t allow the collection of punitive damages in those actions.
The Original Complaint
In his original complaint, Clemetson alleged he was leaving an 11-hour shift at the U.S. Postal Service at 10:30 the evening of Sept. 9, 2022, after having “not a drop” to drink.
He made a right turn after slowing “briefly” at a yellow light. A CPD agent pulled him over, says the complaint.
The “leading officer” allegedly claimed he could smell alcohol on Clemetson. A back-and-forth conversation with numerous officers followed, and escalated the discussion.
“Your claim is bogus,” said Clemetson, according to the complaint’s account of the body camera video. Other officers reportedly said they couldn’t smell well due to allergies or COVID, which the complaint calls excuses.
An officer had called for backup during the incident, saying Clemetson ran the red light and was “just super bloodshot, uncooperative” and smelled of alcohol, says the document.
The document says the largest male officer on scene eventually leaned into Clemetson’s vehicle and behaved in what the complaint calls a threatening, assaultive manner.
“Now, there are five officers on scene and engaged in this stop for an alleged running of a red light,” the document says.
It accuses the larger male officer of removing Clemetson from his vehicle by pulling his arm while others surround him and two more hold onto him in an apparent weapon check.
The officers “force cuffed (Clemetson) under no legal cause whatsoever” while one officer smiled and wagged his finger in Clemetson’s face, the complaint alleges.
After 21 minutes, Clemetson was reportedly allowed to reenter his vehicle.
The complaint accuses an officer of dragging Clemetson from his car aggressively.
Clair McFarland can be reached at clair@cowboystatedaily.com.
