Case: Leis v. ACLU of Ohio Foundation, Inc.

1:06-cv-00054 | U.S. District Court for the Southern District of Ohio

Filed Date: Jan. 31, 2006

Clearinghouse coding complete

Case Summary

On January 31, 2006, Hamilton County Sheriff Simon Leis Jr. filed a complaint for declaratory judgment against the ACLU of Ohio Foundation, Inc. in the Hamilton County Common Pleas Court. The suit sought a judicial declaration of the Sheriff's obligations, if any, under the terms of the Collaborative Agreement entered in the federal court case In re Cincinnati Policing, Case No. 99-cv-03170-SJD-MRM. [See PP-OH-5 of this collection for the case summary]. Sheriff Simon maintained that since nei…

On January 31, 2006, Hamilton County Sheriff Simon Leis Jr. filed a complaint for declaratory judgment against the ACLU of Ohio Foundation, Inc. in the Hamilton County Common Pleas Court. The suit sought a judicial declaration of the Sheriff's obligations, if any, under the terms of the Collaborative Agreement entered in the federal court case In re Cincinnati Policing, Case No. 99-cv-03170-SJD-MRM. [See PP-OH-5 of this collection for the case summary]. Sheriff Simon maintained that since neither he nor Hamilton County was a party to the Collaborative Agreement, his deputies were not bound by its terms when patrolling Cincinnati's Over-the-Rhine neighborhood.

The ACLU removed the case to the U.S. District Court for the Southern District of Ohio on the grounds that the complaint presented a question of federal law. The Sheriff filed a motion for remand to state court. Magistriate Judge Michael Merz recommended that said motion be denied.

The City of Cincinnati filed a motion to intervene in the case as a defendant. Judge Merz granted that motion.

On August 1, 2006, the ACLU filed an emergency motion for declaratory judgment pending final resolution of the case. That motion was denied by the court (Magistrate Judge Michael Merz). Leis v. ACLU of Ohio Foundation, Inc., 2006 WL 2266248 (S.D.Ohio Aug. 8, 2006) The ACLU then filed a motion for a preliminary injunction.

Sheriff Leis then filed a motion to recuse Magistrate Judge Merz from the case due to his role as Conciliator in the case In re Cincinnati Policing. Judge Merz denied that motion. Leis v. ACLU of Ohio Foundation, Inc., 2006 WL 2345797 (S.D.Ohio Aug. 11, 2006).

Shortly thereafter, the parties reached a settlement and the court dismissed the action. The private settlement agreement provided that Saul Green, the Monitor overseeing the Collaborative Agreement, would review the Sheriff's use of force training policies. The Sheriff's Department also agreed that its deputies patrolling the Over the Rhine neighborhood would request assistance from CPD mental health response teams when dealing with mentally ill subjects. The Sheriff also agreed that deputies would cooperate with the CPD's Citizen's Complaint Authority in its investigations of CPD officers.

Summary Authors

Dan Dalton (1/15/2007)

Related Cases

In re Cincinnati Policing, Southern District of Ohio (1999)

DOJ Investigation of the Cincinnati Police Department, No Court (2001)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4716007/parties/leis-v-american-civil-liberties-union-of-ohio-foundation-inc/


Judge(s)

Merz, Michael R. (Ohio)

Attorneys(s) for Plaintiff

Deters, Joseph T. (Ohio)

Kunkel, Jerome A. (Ohio)

Stevenson, David T. (Ohio)

Attorneys(s) for Defendant

Ganulin, Richard (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Greenwood, Scott T. (Ohio)

McNeil, J. Rita (Ohio)

Judge(s)

Merz, Michael R. (Ohio)

Attorneys(s) for Plaintiff

Deters, Joseph T. (Ohio)

Kunkel, Jerome A. (Ohio)

Stevenson, David T. (Ohio)

Attorneys(s) for Defendant

Ganulin, Richard (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Greenwood, Scott T. (Ohio)

McNeil, J. Rita (Ohio)

Documents in the Clearinghouse

Document

Docket (PACER)

Leis v. ACLU of Ohio Foundation, Inc.

Aug. 24, 2006 Docket
2-1

Complaint

Ohio state trial court

Jan. 31, 2006 Complaint
29

Decision and Order

Leis v. American Civil Liberties Union Foundation of Ohio

2006 WL 2266248

Aug. 8, 2006 Order/Opinion
33

Decision and Order Denying Motion to Rescue

Leis v. American Civil Liberties Union Foundation of Ohio

2006 WL 2345797

Aug. 11, 2006 Order/Opinion

Parties Announce Win-Win on OTR Sheriff Patrols

No Court

Aug. 24, 2006 Press Release

Settlement Agreement

Leis v. ACLU of Ohio Foundation, Inc.

No Court

Aug. 24, 2006 Settlement Agreement

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4716007/leis-v-american-civil-liberties-union-of-ohio-foundation-inc/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Filing fee: $ 250, receipt number 429486 (tt1, )

Jan. 31, 2006 PACER
1

NOTICE OF REMOVAL by Defendant American Civil Liberties Union of Ohio Foundation, Inc, from Court of Common Pleas, Hamilton County, Ohio, case number A0600652. ( Filing fee $ 250) (tt, ) Additional attachment # 1 Filing Fee Receipt added on 2/1/2006 (tt, ). Modified on 2/1/2006 - To identify attachment (tt, ). (Entered: 02/01/2006)

1 Filing Fee Receipt

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Jan. 31, 2006 PACER
2

COMPLAINT for Declaratory Judgment against American Civil Liberties Union of Ohio Foundation, Inc filed by Plaintiff Simon L Leis, Jr, ; No jury demand 48BE (Attachments: # 1 Exhibit A - Collaborative Agreement (Part I) # 2 Exhibit A - Collaborative Agreement (Part II) # 3 Exhibit B # 4 Civil Cover Sheets)(tt, ) (Entered: 02/01/2006)

1 Exhibit A - Collaborative Agreement (Part I)

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2 Exhibit A - Collaborative Agreement (Part II)

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3 Exhibit B

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4 Civil Cover Sheets

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Jan. 31, 2006 PACER
3

MOTION to Remand Matter to the Common Pleas Court of Hamilton County, Ohio and Request for Expedited Scheduling Order by Plaintiff Simon L Leis, Jr. (Attachments: # 1 Exhibit Unreported case# 2 Exhibit Statutes)(Stevenson, David) (Entered: 02/08/2006)

1 Exhibit Unreported case

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2 Exhibit Statutes

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Feb. 8, 2006 PACER
4

ANSWER to Complaint by Defendant American Civil Liberties Union of Ohio Foundation, Inc.(Greenwood, Scott) (Entered: 02/22/2006)

Feb. 22, 2006 PACER
5

NOTICE of Deadline: Rule 26(f) Report due by 3/30/2006. (ba, ) (Entered: 02/23/2006)

Feb. 23, 2006 PACER
6

ORDER REASSIGNING CASE. Case reassigned to Judge Susan J. Dlott for all further proceedings. Judge Michael H. Watson no longer assigned to case. (wam, ) (Entered: 03/03/2006)

March 3, 2006 PACER
7

ORDER REFERRING CASE to Magistrate Judge Michael R Merz. Signed by Judge Susan J. Dlott on 3/3/06. (wam, ) (Entered: 03/03/2006)

March 3, 2006 PACER
8

RESPONSE in Opposition re 3 MOTION to Remand Matter to the Common Pleas Court of Hamilton County, Ohio and Request for Expedited Scheduling Order filed by Defendant American Civil Liberties Union of Ohio Foundation, Inc. (Greenwood, Scott) (Entered: 03/03/2006)

March 3, 2006 PACER
9

MOTION to Consolidate Cases by Defendant American Civil Liberties Union of Ohio Foundation, Inc. (Greenwood, Scott) (Entered: 03/03/2006)

March 3, 2006 PACER

(Former doc. #10) ORDER REASSIGNING CASE. Case reassigned to Judge Susan J. Dlott for all further proceedings. Judge Susan J. Dlott no longer assigned to case. Signed by Judge Michael H. Watson on 3/3/2006. (ba1, ) Modified docket text on 3/7/2006 (scot, ).

March 3, 2006 PACER

Notice of Correction: Former doc. 10 removed due to clerical error/duplicate entry to 6 Order reassigning case. (scot, )

March 7, 2006 PACER
10

RESPONSE in Opposition re 9 MOTION to Consolidate Cases filed by Plaintiff Simon L Leis, Jr. (Stevenson, David) (Entered: 03/07/2006)

March 7, 2006 PACER
11

Reply to Response to Motion re 3 MOTION to Remand Matter to the Common Pleas Court of Hamilton County, Ohio and Request for Expedited Scheduling Order filed by Plaintiff Simon L Leis, Jr. (Stevenson, David) Modified docket text on 3/9/2006 (scot, ). (Entered: 03/08/2006)

March 8, 2006 PACER
12

DECISION AND ORDER DENYING 9 MOTION TO CONSOLIDATE - The Motion to Consolidate is DENIED without prejudice to any motion which might make one or more of the parties in In re Cincinnati Policing parties to this action. It is ORDERED that counsel for Plaintiff provide copies of all documents heretofore filed in this case to each of the counsel of record in In re Cincinnati Policing and to Gregory Gonzalez, Saul Green and Richard Jerome. Signed by Judge Michael R Merz on 3/8/06. (dp1 ) (Entered: 03/08/2006)

March 8, 2006 RECAP
13

CERTIFICATE OF SERVICE by Plaintiff Simon L Leis, Jr (Stevenson, David) (Entered: 03/09/2006)

March 9, 2006 PACER
14

REPORT AND RECOMMENDATIONS re 3 the MOTION to Remand Matter to the Common Pleas Court of Hamilton County, Ohio and Request for Expedited Scheduling Order filed by Simon L Leis, Jr be denied. Objections to R&R due by 3/27/2006. Signed by Judge Michael R Merz on 03/13/06. (gh1, ) (Entered: 03/13/2006)

March 13, 2006 PACER
15

MOTION for Extension of Time to File Response re 14 REPORT AND RECOMMENDATIONS by Plaintiff Simon L Leis, Jr. (Stevenson, David) Modified docket text on 3/29/2006 (scot, ). (Entered: 03/28/2006)

March 28, 2006 PACER
16

ORDER EXTENDING TIME TO OBJECT TO REPORT AND RECOMMENDATIONS - Plaintiff may file his objections to the Report and Recommendations 14, if any, at such time when objections are due to the Magistrate Judge's Report and Recommendations "on the merits of Plaintiff's complaint" or until such other date as may later be set by the Court. Signed by Judge Michael R Merz on 3/29/06. (dp1 ) (Entered: 03/29/2006)

March 29, 2006 PACER
17

NOTICE OF PRELIMINARY PRE-TRIAL CONFERENCE - Preliminary Pretrial Conference set for May 19, 2006, at 10:00 a.m. by telephone before Magistrate Judge Michael R. Merz. Prior to this pretrial conference, counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY conference between counsel required by Fed.R.Civ.P. 26(f). The report must be filed prior to the conference. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify judicial assistant, DeAnna Perry, at 937-512-1550, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. If you wish or require that a different number other than the one listed on the court's docket be called, please advise the Court at least 24 hours preceding the conference.(dp1 ) (Entered: 03/29/2006)

March 29, 2006 PACER
18

ANSWER to Complaint by Defendant City of Cincinnati.(Ganulin, Richard) Modified docket text on 4/20/2006 (scot, ). (Entered: 04/20/2006)

April 20, 2006 PACER
19

MOTION to Intervene and Memorandum in Support. (Ganulin, Richard) (Entered: 04/20/2006)

April 20, 2006 PACER

Notation ORDER granting 19 Motion to Intervene . Signed by Judge Michael R Merz on 4/20/2006. (Merz, Michael)

April 20, 2006 PACER

Set Deadlines/Hearings: Scheduling Conference set for 4/21/2006 02:00 PM by teleconference before Magistrate Judge Michael R Merz. (dp1 )

April 21, 2006 PACER

Notice of Correction - The Scheduling Conference is set for April 24, 2006 at 2:00 p.m. (not 4/21/06 as previously docketed). Counsel to participate include David Stevenson, Al Gerhardstein, Scott Greenwood and Richard Ganulin. (dp1 )

April 21, 2006 PACER

Minute Entry for proceedings held before Judge Michael R Merz : Scheduling Conference held on 4/24/2006 by telephone and attended by David Stevenson, Al Gerhardstein, Scott Greenwood and Richard Ganulin. A scheduling order shall issue. (Court Reporter MRM 060424-134738.) (dp1 )

April 24, 2006 PACER

SCHEDULING ORDER: Rule 26 Meeting Report due by 5/12/2006. Preliminary Pretrial Conference RESCHEDULED TO 5/15/2006 AT 2:00 p.m. by telephone before Magistrate Judge Michael R. Merz. Prior to this pretrial conference, counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY conference between counsel required by Fed.R.Civ.P. 26(f). The report must be filed prior to the conference as noted above. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court's docket, please notify judicial assistant, DeAnna Perry, at 937-512-1550, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. If you wish or require that a different number other than the one listed on the court's docket be called, please advise the Court at least 24 hours preceding the conference. Signed by Judge Michael R Merz on 4/24/06. (dp1 )

April 24, 2006 PACER
20

NOTICE by Plaintiff Simon L Leis, Jr of Filing Joint Discovery Plan (Stevenson, David) (Entered: 05/12/2006)

May 12, 2006 PACER
21

Minute Entry for proceedings held before Judge Michael R Merz: Preliminary Pretrial Conference held on 5/15/2006 via telephone with Attorney Stevenson for the plaintiff and Attorneys Gerhardstein and Ganulin for the defendants. Status Conference is set for 6/9/06 @ 1:30 pm via telephone. A scheduling order will follow. (Tape #MRM060514-131723.) (gh1, ) (Entered: 05/15/2006)

May 15, 2006 PACER
22

SCHEDULING ORDER: Motions directed to pleadings due by 5/22/2006. Amended Pleadings due by 5/22/2006. Lay Witness due by 6/1/2006. Plaintiff Primary Expert due by 6/15/2006. Plaintiff Rebuttal Expert due by 7/1/2006. Defendant Primary Expert due by 6/15/2006. Defendent Rebuttal Expert due by 7/1/2006. Requests for Admissions due 7/15/2006. Discovery deadline is 8/15/2006. Motions not directed to pleadings due by 9/15/2006. Status Conference set for 6/9/2006 at 01:30 PM by telephone before Judge Michael R Merz . Signed by Judge Michael R Merz on 5/15/06. (dp1 ) (Entered: 05/15/2006)

May 15, 2006 PACER

***STRICKEN*** (DOCKETED IN WRONG CASE) AMENDMENT TO ENTRY OF CONTINUANCE 329 - The discovery cut-off date and dispositive motion deadline date set forth in 329 is STRICKEN. No additional discovery may be taken and no additional summary judgment motion may be filed without prior permission of the Court . Signed by Judge Michael R Merz on 5/12/06. (dp1 ) Modified on 5/16/2006 to strike and note (dp1 ).

May 15, 2006 PACER

*** STRICKEN *** (DOCKETED IN WRONG CASE) Terminated deadline for discovery per 330 . Signed by Judge Michael R Merz on 5/12/06. (dp1 ) Modified on 5/16/2006 to strike and note (dp1 ).

May 15, 2006 PACER

Reset Hearing: Status Conference has been reset for 6/12/2006 01:30 PM by telephone before Michael R Merz (rescheduled from 6/8/2006). (dp1)

May 24, 2006 PACER
23

Witness List by Plaintiff Simon L Leis, Jr. (Stevenson, David) (Entered: 06/01/2006)

June 1, 2006 PACER

Minute Entry for proceedings held before Judge Michael R Merz : Status Conference held on 6/12/2006 and attended via telephone by David Stevenson, Al Gerhardstein and Richard Ganulin. Next Status Conference set for 7/10/2006 01:30 PM by telephone before Judge Michael R Merz. (Court Reporter MRM 060612-131548.) (dp1 )

June 12, 2006 PACER

Minute Entry for proceedings held before Judge Michael R Merz : Scheduling Conference held on 7/10/2006 and attended via telephone by David Stevenson, Al Gerhardstein and Richard Ganulin. (Court Reporter MRM 060710-132306.) (dp1 )

July 10, 2006 PACER
24

MOTION for Declaratory Judgment emergency motion pending final resolution of this case by Defendant American Civil Liberties Union of Ohio Foundation, Inc. Responses due by 8/25/2006 (Attachments: # 1 Letters to and from Sheriff Leis)(Gerhardstein, Alphonse) (Entered: 08/01/2006)

1 Letters to and from Sheriff Leis

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Aug. 1, 2006 PACER

Minute Entry for proceedings held before Judge Michael R Merz : Emergency Relief hearing held on 8/2/2006 and attended via telephone by David Stevenson, Al Gerhardstein, Scott Greenwood and Richard Ganulin. (Court Reporter MRM 060801-145910.) (dp1 )

Aug. 2, 2006 PACER
25

RESPONSE to Motion re 24 MOTION for Declaratory Judgment emergency motion pending final resolution of this case filed by Defendant Cincinnati, City of. (Ganulin, Richard) (Entered: 08/02/2006)

Aug. 2, 2006 PACER
26

RESPONSE in Opposition re 24 MOTION for Declaratory Judgment emergency motion pending final resolution of this case filed by Plaintiff Simon L Leis, Jr. (Stevenson, David) (Entered: 08/02/2006)

Aug. 2, 2006 PACER
27

REPLY to Response to Motion re 24 MOTION for Declaratory Judgment emergency motion pending final resolution of this case filed by Defendant American Civil Liberties Union of Ohio Foundation, Inc. (Attachments: # 1 Analyst Report - part 1# 2 Analyst Report part 2# 3 Rand Corp. study)(Gerhardstein, Alphonse) (Entered: 08/03/2006)

1 Analyst Report - part 1

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2 Analyst Report part 2

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3 Rand Corp. study

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Aug. 3, 2006 PACER
28

MOTION to Strike 27 Reply to Response to Motion, Evidentiary Attachements and References Thereto by Plaintiff Simon L Leis, Jr. (Stevenson, David) (Entered: 08/03/2006)

Aug. 3, 2006 PACER
29

DECISION AND ORDER finding as moot 28 Motion to Strike, denying 24 Motion for Declaratory Judgment . Signed by Judge Michael R Merz on 8/8/06. (dp1 ) (Entered: 08/08/2006)

Aug. 8, 2006 RECAP
30

MOTION for Preliminary Injunction by Defendant American Civil Liberties Union of Ohio Foundation, Inc. (Attachments: # 1 Analyst Report #1# 2 Analyst report #2# 3 Rand Corp study)(Gerhardstein, Alphonse) (Entered: 08/08/2006)

1 Analyst Report #1

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2 Analyst report #2

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3 Rand Corp study

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Aug. 8, 2006 PACER
31

NOTICE (DELETED 8/10/2006) by Plaintiff Simon L Leis, Jr of Deposition of Lt.Col. Richard Janke (Stevenson, David) Modified on 8/10/2006 - discovery (sc1, ). (Entered: 08/09/2006)

Aug. 9, 2006 PACER
32

MOTION to Reassign Case to a Different Magistrate Judge by Plaintiff Simon L Leis, Jr. (Stevenson, David) (Entered: 08/09/2006)

Aug. 9, 2006 PACER
33

DECISION AND ORDER DENYING 32 MOTION TO RECUSE . Signed by Judge Michael R Merz on 8/10/06. (dp1 ) (Entered: 08/11/2006)

Aug. 11, 2006 RECAP

Minute Entry for proceedings held before Judge Michael R Merz : Scheduling Conference held on 8/11/2006 and attended via telephone by Dave Stevenson, Gary Kunkel, Al Gerhardstein, Scott Greenwood and Richard Ganulin. A Scheduling Order shall issue. (Court Reporter MRM 060811-145421.) (dp1 )

Aug. 11, 2006 PACER
34

SCHEDULING ORDER: Preliminary Injunction hearing is set for 8/28/2006 at 09:30 AM before Michael R Merz in Judge Susan J. Dlott's courtroom in the Potter Stewart Courthouse, Cincinnati. Plaintiff shall file his Memorandum in Opposition not later than 8/25/2006. Signed by Judge Michael R Merz on 8/11/06. (dp1 ) (Entered: 08/11/2006)

Aug. 11, 2006 PACER

NOTICE (DELETED 8/14/06) by Defendant American Civil Liberties Union of Ohio Foundation, Inc of deposition of plaintiff Simon Leis (Gerhardstein, Alphonse) Modified on 8/14/2006 to delete - discovery - attorney notified (kopf1, ).

Aug. 11, 2006 PACER
35

CONDITIONAL ORDER OF DISMISSAL - This matter, having been settled, shall be immediately conditionally dismissed and shall be finally dismissed with prejudice 120 days after the entry of this order unless, for good cause shown, the case should be reopened for enforcement of terms of settlement agreement. Signed by Judge Michael R Merz on 8/24/2006. (Attachments: # 1 Settlement Agreement)(dp1 ) (Entered: 08/24/2006)

1 Settlement Agreement

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Aug. 24, 2006 RECAP

NOTATION ORDER VACATING PRELIMINARY INJUNCTION HEARING SET FOR 8/28/2006 - The hearing set for 8/28/2006 is hereby VACATED in lieu of the conditional dismissal with settlement agreement 35 previously filed in this case. Signed by Judge Michael R Merz on 8/24/06. (dp1 )

Aug. 24, 2006 PACER

State / Territory: Ohio

Case Type(s):

Policing

Key Dates

Filing Date: Jan. 31, 2006

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Sheriff of Hamilton County, Ohio, seeking a determination that he and the employees of the Hamilton County Police Department are not a party to the Collaborative Agreement between the City of Cincinnati and the ACLU

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

ACLU of Ohio Foundation, Inc. (Cincinnati), Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 0

Content of Injunction:

Preliminary relief denied

Issues

General:

Racial profiling

Discrimination-basis:

Race discrimination