Black Kansas City police sergeant who was stopped by other officers sues department
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Racism in the KCPD
A Star investigation found discrimination, racist abuse and unfair discipline in the KCPD. White cops are accused of using slurs and racially profiling Black members of the force.
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A Black Kansas City police sergeant is alleging in a civil lawsuit that he was racially profiled during a 2021 traffic stop and that the two colleagues who pulled him over conspired about what happened, falsely accusing him of misconduct.
Herb Robinson, a 30-year veteran of the Kansas City Police Department, was wearing his uniform and driving an unmarked police car on March 11, 2021, when he was pulled over.
In his lawsuit filed in Jackson County Circuit Court, Robinson said he was pulled over by officers Cole Modeer, who is white, and Marco Olivas, who is Hispanic, for nothing other than his race.
Robinson, 59, a detective at the time in the police department’s violent crimes intelligence squad, was heading to an off-duty job and was southbound on Blue Ridge Boulevard, on the outskirts of Kansas City into Raytown. Robinson is still employed by the department.
His petition alleges the traffic stop was unlawful and caused him to experience fear, anxiety, hostility, intimidation, mental anguish and emotional distress. The lawsuit, which seeks a jury trial and monetary damages, names Modeer, Olivas and members of the Kansas City Board of Police Commissioners, which oversees the force.
“If they treat one of their own this way, I’m afraid to see how they are treating minorities who are not cops,” Gerald Gray, an attorney representing Robinson, said Thursday. “Certainly unacceptable.”
Capt. Leslie Foreman, a police spokesperson, said the department generally does not comment on pending litigation “to ensure fairness to all sides.”
Robinson accused the officers of false imprisonment, the intention to inflict emotional distress and assault — “Defendants Modeer and Olivas intended to put Plaintiff in apprehension of serious bodily injury by yelling and cursing at Plaintiff while approaching him in an aggressive manner.”
The police board was negligent and failed to maintain a safe work environment without fear of assault, racial profiling or retaliatory treatment by its employees, according to the lawsuit.
The officers conspired and worked in concert to falsely accuse Robinson of misconduct and other violations by issuing inaccurate statements about the traffic stop, his lawyer wrote. They also allegedly urged others to do the same. In doing so they caused Robinson to be humiliated, embarrassed, experience loss of employment and be denied opportunities to advance his career.
“No reasonable person would behave in the manner Defendants acted toward Plaintiff as Defendants’ conduct could be deemed outrageous, intolerable and extreme,” according to the petition.
When Robinson was pulled over, he opened his car door and stepped outside.
Dashcam video of Robinson’s stop was obtained by The Star as part of a yearlong investigation into racism within the police department. In the video, the officers can be heard calling Robinson a “dumbass” and a “retard” once they let him go.
In a previous interview with The Star, Robinson said he believed he would not have been pulled over if he was white. He feared for his life as his colleagues moved toward him.
“I’m like that deer in the headlights,” Robinson told The Star. “My heart’s racing and pounding. I’m like, what are you going to do next?”
Robinson, who has since been promoted to sergeant, equated it emotionally to the time he was shot on the job in the 1980s while trying to buy drugs undercover.
Modeer and Olivas lacked any justification, reasonable suspicion or probable cause to detain or arrest Robinson, the lawsuit said.
The officers closely followed Robinson for just over a mile as he drove from Kansas City into Raytown.
The men made racially hostile and derogatory remarks toward Robinson, according to the lawsuit. Furthermore, Robinson never posed any threat to Modeer and Olivas, who had no justification for their actions, according to the lawsuit.
“The actions of Defendants were reckless and outrageous because of Defendants’ reckless indifference to Plaintiff, and conscious disregard for the life and the right of Plaintiff,” the petition stated.
Robinson said he reported the encounter with Modeer and Olivas to his superiors at KCPD. However, no action was taken to investigate the traffic stop.
Civil rights leaders and law enforcement experts have cited the traffic stop as an example of systemic racism inside the police force that worsened under Police Chief Rick Smith, who is leaving the department Friday.
This story was originally published April 21, 2022 at 10:43 AM.
