CHARLESTON, W. Va. - A railroad engineer forced to take a breath test for alcohol after a fatal train accident in Montgomery is suing Montgomery police and the Kanawha County Sheriff's Department in federal court, the Charleston Gazette reports.
CSX train engineer Rick L. Chapman and the union that represents rail workers claim the alcohol test violated federal railway law and Chapman's constitutional rights.
(Chapman is a member of Local 1062, Huntington, W. Va.)
Just before 5 p.m. on June 11, 2007, Chapman was running a train from Russell, Ky., to Hinton when he spotted a man lying across the railroad tracks in Montgomery.
Though he tried to stop, investigators said there was no way Chapman could have stopped the 81-car train in time to avoid hitting the man, Steven D. Pauley of Handley. Pauley was killed.
According to the federal civil lawsuit filed by Chapman and the United Transportation Union, Montgomery police officer Gary Perdue was the first officer on the scene of the accident. Chapman's lawsuit alleges Purdue repeatedly asked Chapman if he was using drugs or alcohol.
Chapman alleges Perdue and Montgomery Police Chief Lawrence Washington forced him to take a breath test. The test was administered by Kanawha County Sheriff's Deputy B.R. Martin.
Police also found a handgun in Chapman's luggage, the lawsuit alleges.
Chapman is suing Perdue, Washington and Martin individually and the departments they work for. Attorneys say the breath test and search violated Chapman's constitutional protection against unusual searches and seizures under the Fourth Amendment and his right to due process of law guaranteed by the Fourteenth Amendment.
Lawyers also argue the test and search violated the Federal Railroad Safety Act of 1970. The act set up federal regulations for enforcing the law on railroads.
Under the act, municipal and county police are not allowed to conduct alcohol and drug tests on railroad workers.
The lawsuit said Chapman's breath test proved negative, and the gun was legally licensed. The case has been assigned to U.S. District Judge Thomas E. Johnston.
(This item appeared March 9, 2009, in the Charleston Gazette.)
And he was "legally" fired. Wait until they find out that the RLA trumps anything else and they can legally ignore court decisions that make the search illegal. If the "neutral" wants to. (If CSX has the same rule that LAMCO has.)
__________________
I think LAMCo is done with the neo-nazi CSX rejects -- Pipes FC 8/5/23
I take it, for starters, that those cops really didn't like railroaders. Maybe one of them used to be a railroader so they're taking it out on somebody. I knew one like that.
Snippy wrote: (If CSX has the same rule that LAMCO has.)
Indubitably, Watson, Indubitably.
Rule GR-3A Employees must not: 1-5 dont apply to this thread 6. Have in thier possession any Firearms or other weapons while on duty, while on company property, or while occupying facilities paid for or furnished by the company, unless authorized by the company.
We have quite a few ex-Cops and ex-Prison Guards in our ranks. Some of the Barney Fifes left out there are jealous. Ya gotta use common sense and keep yer cool...these guys know pissing you off could lead you to do something they could take advantage of. Here is the latest Official CSX word on that... APPROPRIATE FEEDBACK TO LAW ENFORCEMENT AGENCIES WHERE WARRANTED.
