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'StreetBeat' suits take varied tacks
Two told to rap on TV show seek Tempe cash
February 5, 2007

By NICK MARTIN
TRIBUNE

They went through the same ordeal: Two black men were subjects of a racial uproar over a traffic stop and a Tempe TV show late last year.

But the men's legal claims against the city are very different.

Publication info
This story originally ran Feb. 5, 2007 in the East Valley Tribune in Arizona.

One wants $50,000 in damages due to how a white police officer treated him. The other wants 10 times that: half-a-million.

One is requesting that some of the money be used for police training. The other gives no indication of how he would use the money.

One claim letter is four pages, thoroughly researched and detailed. The other is little more than a page with a cartoon attached.

The disparities signal two vastly different legal strategies by the men's lawyers to get money for what they believe was a violation of their clients' civil rights.

"You can go one of two ways," said Christopher Berry, an attorney representing Robert Tarvin, who is asking for the lower figure. "You can say, 'By God, I'm going to sue you for everything you’re worth.' Or you can do what we’re doing."

Tarvin and his cousin Louis Baker were filmed during a traffic stop in August for the police-produced local cable-TV show "Tempe StreetBeat."

The host of the show, Sgt. Chuck Schoville, who is white, was shown telling the men they could get out of a littering ticket by performing a rap. The men performed and no ticket was given.

But when the segment aired in November, its racial undertones ignited Valley minority rights leaders and the nation’s news media calling on Tempe.

The city's mayor and police chief apologized for the segment and quickly launched an investigation. After a month, investigators concluded that the men told Schoville off-camera they were aspiring rappers. But they still blamed the police and producers of the show for failing to recognize how the situation could be interpreted.

Some of those conclusions have since been disputed by the men's lawyers.

Now, the city is facing a total of $550,000 in claims that the two men filed separately in January.

A claim is the first legal step toward a lawsuit against a government entity.

"We really want to work with the city on this thing," Berry said. The lower figure is his and Tarvin's way of showing they are serious about a speedy settlement. Also, Tarvin has asked that some of the $50,000 be given back to the city for "community awareness training" for police.

"I have a thoughtful client here. I really do," Berry said. "He’s a thoughtful young man and he has a thoughtful family."

Berry's lengthy letter to the city on Tarvin’s behalf was delivered a week ago. It outlines point by point why Tarvin is entitled to the money, including to help repair damage "to his reputation, to his standing in the community and among his peers, and to his self respect."

Tarvin also wants written apologies from the police department, Schoville and Officer Brandon Banks, the show's producer.

In comparison, Baker's letter, sent in early January by lawyer Howard Schwartz, is shorter and more terse. And it asks for a lot more money.

Schwartz would not comment to the Tribune, citing his busy schedule. But in his original claim letter against Tempe, Schwartz said Baker had "been portrayed as a clown, which has caused him to become emotionally disturbed, reclusive and embarrassed."

The letter was delivered with an editorial cartoon from The Arizona Republic that compared the StreetBeat segment to black-faced minstrel performers in 1906.

In an interview last month, Schwartz said the fallout from the StreetBeat segment also caused Baker to develop a stutter in his speech.

Tempe City Attorney Andrew Ching declined to comment.

A high asking price could do more harm than good, warned William Jones Jr., an attorney who has represented cities such as Chandler and Phoenix in some sticky legal battles. Jones defended the Chandler Police Department against lawsuits over the highly controversial "Chandler Roundup" of illegal immigrants in the late 1990s.

Not having seen Tarvin's or Baker’s claims, Jones said he could speak only in general terms. He said high cash demands can be "a gift" for a city attorney.

At a trial, the attorney can argue: "This guy wants to get rich, win the lottery, spin the wheel," Jones said. And the higher figure is more likely to go before a judge or jury.

Often, a lawyer will set a high figure in case a judge decides to reduce the award, Jones said.

"If you really want to get the case settled, you're going to get yourself a lot more down the road by coming in with a realistic figure," he said. Only the future holds whether either, or both, of the Street-Beat claims are successful. Tempe has 60 days from the date the claims were received to respond.

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