EUGENE (LN) — U.S. District Judge Michael McShane denied summary judgment to Officers Julio Garcia-Cash and Conner O’Leary in a civil rights suit, ruling that genuine disputes of material fact preclude dismissal of claims that the officers unlawfully handcuffed and searched a suspect during a retail theft investigation.
The court held that Oregon law does not require suspects to identify themselves during a Terry stop, meaning the officers lacked legal authority to search the plaintiff’s wallet solely to obtain identification. However, the court found that whether the officers had legitimate safety concerns justifying the handcuffing presents a genuine dispute for trial.
The dispute began on August 30, 2024, when officers Julio Garcia-Cash and Conner O’Leary responded to a tip from a Target asset protection team. The team reported that plaintiff Joshua Matthew Maciejewski was exhibiting behavior consistent with theft, including picking up and setting down items rapidly and exiting the store without completing a purchase.
The officers stopped Maciejewski outside the store. After Maciejewski denied stealing anything and stated he did not have to identify himself because he was not under arrest, the officers immediately ordered him to place his hands behind his back and handcuffed him.
Maciejewski was handcuffed less than two minutes after the initial contact.
The court noted that while handcuffing during a Terry stop is not automatically an arrest, it is an “especially intrusive means” that requires special circumstances, such as officer safety concerns.
Judge McShane wrote that there was no indication Maciejewski was a flight risk, that the suspected crime of shoplifting was violent, or that he was armed. The encounter took place in a well-lit area in front of a busy retail store, and the officers were not outnumbered.
The officers’ declarations indicated they handcuffed Maciejewski simply because he refused to identify himself, not because of any specific threat of harm.
The court also ruled that the officers’ search of Maciejewski’s wallet was unlawful. Oregon has no general “stop and identify” statute for non-traffic stops. Under Oregon law, an officer may only search a suspect during a Terry stop if there is reasonable suspicion the suspect is carrying a weapon.
Audio and video of the encounter showed the officers searched the wallet specifically to find identification, not because they believed it contained a weapon.
Judge McShane wrote that it appeared the defendants removed the wallet not because they viewed it as a potential weapon, but because they wanted to identify the plaintiff. He noted the defendants did not present any evidence to the contrary.
The judge rejected the officers’ argument that they were entitled to qualified immunity, noting that police officers have been on fair notice for decades that the Fourth Amendment does not require suspects to identify themselves.
Judge McShane wrote that any Oregon police officer should know that Oregon has no general “stop and identify” law and that ORS 131.615 does not allow an officer to search for a suspect’s identification absent probable cause.
The case proceeds to trial on the remaining claims.
McShane is a George W. Bush appointee to the U.S. District Court for the District of Oregon.