Cheyenne police want dismissal of racism complaint from…

The Cheyenne Police Department is asking a federal judge to dismiss a Black man’s racial discrimination lawsuit, saying the man failed to follow the rules governing the claim.

Gene Clemetson sued the Cheyenne Police Department and two of its officers while performing their official duties in September, claiming he was harassed and falsely accused of drunk driving after making a traffic stop random while turning right at a red light two years ago.

In response, the U.S. District Court in Wyoming is being asked to dismiss Clemetson’s allegations as mere legal conclusions that do not fit the framework for advancing a racial discrimination claim.

“(Clemetson) is simply using boilerplate language for his…allegations of discrimination based on race…and for his claim for equal protection for discrimination,” the brief filed earlier this month states.

Clemetson did not demonstrate that the officers committed a crime (or a civil wrong) in the line of duty, according to the department’s filing. It also says Clemetson did not choose another path to suing a municipal government, in which he would have had to prove the police department had a policy or custom that deprived him of a constitutional right.

“Due to (Clemetson’s) bald assertions and conclusive statements, coupled with the lack of mention of any policy or custom, there can certainly be no ‘driving force’ to pursue a claim against the officers in their official capacity which can survive this legal request. Reject,” the filing states.

The department is also asking the court to withdraw Clemetson’s punitive damages claim, since state law describing how individuals can sue the government does not allow punitive damages to be collected in these actions.

The initial complaint

In his initial complaint, Clemetson claimed he left an 11-hour shift at the U.S. Postal Service at 10:30 p.m. on the evening of September 9, 2022, after having “not a drop” of drink.

He turned right after slowing down “briefly” at a yellow light. A CPD officer arrested him, the complaint states.

The “primary officer” allegedly claimed he could smell alcohol on Clemetson. A conversation with numerous agents followed and intensified the discussion.

“Your statement is false,” Clemetson said, according to the complaint’s account of the body camera video. Other agents reportedly said they didn’t smell good because of 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, the document states.

The document says the largest police officer at the scene eventually leaned over Clemetson’s vehicle and behaved in a manner that the complaint describes as threatening and aggressive.

“Now, there are five officers on scene and engaged in this stop for an alleged run through a red light,” the document states.

He accuses the taller male officer of removing Clemetson from his vehicle by pulling his arm while others surround him and two others hold him in an apparent weapons check.

The officers “forcibly handcuffed (Clemetson) without any lawful reason” while one officer smiled and waved his finger in Clemetson’s face, according to the complaint.

After 21 minutes, Clemetson was reportedly allowed to re-enter his vehicle.

The complaint accuses a police officer of dragging Clemetson from his car in an aggressive manner.

Claire McFarland can be reached at [email protected].