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Man who filed tort claim IDs himself

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A tort claim notice filed with city sheds light on this week's hearing of the newly constituted Community Police Review Board.

On Wednesday, the review board made its first ruling, upholding the Corvallis Police Department's handling of a complaint filed by a citizen. It discussed the matter in executive session, then voted 6-0 to uphold the department's decision without revealing to the public the name of the complainant, the nature of the complaint or the names of the officer or officers involved.

On Thursday, Corvallis area resident David E. Picray identified himself as the man who filed the complaint and said he was considering suing the city over the incident. Earlier this week he gave city officials a tort claim notice - a first step toward filing a lawsuit - alleging he was improperly detained by police because they suspected him of driving under the influence.

In his filing, Picray alleges that he was "profiled, followed, and then detained without probable cause or reasonable suspicion of any crime" by two Corvallis police officers in the early hours of May 11.

The claim does not specify the amount of damages Picray might seek in a lawsuit.

In an interview, Picray told the Gazette-Times he believed he was the victim of a random traffic stop designed to snare drunken drivers.

He accused the Corvallis Police Department of "trolling for drunks" and called detaining people without adequate reason a violation of constitutional protections against unreasonable search and seizure.

Police Chief Gary Boldizsar said he couldn't comment on the specifics of Picray's charges because the matter could become the subject of a lawsuit. City officials are counseled not to comment on pending litigation.

But he did address the broader question of whether Corvallis police stop motorists at random in an effort to catch drunken or drug-addled drivers.

"That is not our policy," Boldizsar insisted.

At the same time, he added, local police do have an "enforcement routine" aimed at preventing drunken-driving accidents.

"When we see people displaying signs of driving impaired, we will pull people over," he said. "That's pretty much the policy of all police agencies."

Picray said he planned to ask the Community Police Review Board for a review of his complaint.

The initial evaluation was held in executive session, but any appeal would be held in an open meeting. The next meeting of the Community Police Review Board is scheduled for 3 p.m. Dec. 5 in the Madison Avenue Meeting Room, 500 S.W. Madison Ave.

Picray's tort claim notice was at least the second filed with the city in recent months alleging improper actions by police officers. In August, Albany attorney Dan Rayfield filed a claim alleging that his client was harmed when he was arrested for driving under the influence of intoxicants but tested negative for both alcohol and drugs.

The arresting officer in that case, Dave Cox, has since resigned.

Bennett Hall can be reached at 758-9529 or bennett.hall@lee.net.

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