FOR IMMEDIATE RELEASE

LINCOLN, NE--The American Civil Liberties Union of Nebraska today announced the settlement of a lawsuit filed on behalf of a Hispanic man investigating citizen complaints who himself became a victim of police misconduct at the hands of a county sheriff's department.

Today's settlement resolves the ACLU's lawsuit, Richard Rivera v. Sarpy County Sheriff's Department, which was filed in 2001 on behalf of Richard Rivera, a 32-year-old consultant on law enforcement and security matters. Rivera had been in the Omaha area conducting tests of local police departments to determine how they responded to requests for information on how to file a complaint about an officer's conduct. 

"Because of today's settlement, citizens of Sarpy County can take comfort in knowing that its Sheriff's Department will from this day forward treat complaints with openness, integrity and accountability," said W. Craig Howell, an Omaha attorney who served as cooperating counsel for the ACLU of Nebraska in this case.

As a result of today's settlement, also known as a consent decree, the Sarpy County Sheriff's Department has agreed to enhance its existing citizen's complaint policy in the following areas:

• They will disseminate their citizens' complaint forms and a description of the citizens' complaint process not only at the Sheriff's Department but also at the County Courthouse and online at the Sarpy County Sheriff's website, http://www.sarpy.com/sheriff/. All Sarpy County patrol officers will keep complaint forms and instruction materials in patrol cars and provide the materials upon a citizen's request.  
• The citizens' complaint forms and instructions will be written in readily understandable language and available in English and Spanish.  
• Sarpy County citizens will be able to file complaints without having to meet face-to-face with a deputy; they will now be able to mail, fax or e-mail the forms to the Sheriff's Department; or contact a trained employee by telephone. 
• The Sarpy County Sheriff's Department will continue to receive and investigate all submitted complaints brought to its attention pursuant to its policy. 
• All sworn Sarpy County Sheriff officers will be instructed on how to handle citizens' complaints and will undertake annual training on the procedure of citizens' complaints. 

The ACLU's original complaint alleged that when Rivera attempted to get information from the Sarpy County Sheriff's Department in the early evening hours of May 8, 2001, he was met by Deputy Joe Eaton outside the Sarpy County Jail and told to return the following day during normal business hours. 

When Rivera asked for the name and phone number of an officer who would talk with him, Deputy Eaton demanded that Rivera show identification, telling him that he was breaking the law if he refused to provide it. An altercation then ensued when Rivera responded that he would simply return the next day, and attempted to walk away. 

Eaton threw Rivera against a car and handcuffed him. Despite complaining about the handcuffs being too tight, Eaton refused to loosen them. Eaton then took Rivera into the jail and booked him. 

Two hours later Rivera was released with a citation for "false reporting," which the Sarpy County Attorney refused to prosecute. The arrest was recorded by KETV reporter Carol Kloss and photojournalist Cathy Beeler, who had been following Rivera as he conducted his tests. 

"We want to congratulate Sarpy County on enhancing its citizen complaint policy," said Amy Miller, Legal Director of the ACLU of Nebraska.

The financial terms of the settlement agreement are confidential.