Attorney claims client wrongly held in Benton County Jail
Posted on Thursday, May 15, 2008
BENTONVILLE - A Rogers attorney claims his client was illegally held in the Benton County Jail after an arrest.
Ken Swindle filed a habeas corpus petition Tuesday in federal court in Fayetteville seeking the release of Jose Guadalupe Solarzano.
Solarzano was arrested May 10 for driving while intoxicated and was taken to the county jail.
The suit claims jail officials informed Solarzano's family members the next day that there was no bond for Solarzano and he could not be released because an immigration hold had been placed on him. The suit states that the family provided documentation that Solarzano is in the country legally, and jail officials then refused to return the documents.
The suit alleges that jail officials told Solarzano's family that he would be transferred to federal officials in Washington County, then to Louisiana.
The suit became a moot point when Solarzano was released from custody Tuesday, but Swindle said he will discuss with Solarzano whether to sue for his wrongful imprisonment.
Swindle believes Solarzano should have been released Saturday on citation.
"If it had been a white guy, he would have been booked and released," Swindle said. "If it had been a white guy from Canada or England, it would have been different. Because my client has brown skin and a Hispanic surname, then that's going to be their policy."
Swindle claims that his client should have been released on bond because immigration officials had not placed a hold on him.
BCSO Jail Capt. Hunter Petray said Swindle has no basis for levying the racism allegations against the jail.
Swindle claims that jail officials refused to provide documentation of the reason for holding Solarzano.
Petray said Solarzano was no longer in custody at the jail when Swindle brought a copy of the habeas corpus petition to the jail.
The suit claimed that the Sheriff's Office held anyone with brown skin or a Spanish surname for 48 hours in order to determine whether a person is in the country legally.
However, Swindle claims the detainer must be in place before the jail can hold a person for 48 hours.
Petray said a detainer was in place to hold Solarzano. Petray noted that Swindle had filed a similar action involving another person and the case had been thrown out.
Swindle said there's a detainer dated May 11 but claims the document may have been back-dated.
"I don't believe a detainer was put on a person who is in this country legally," Swindle said. "Why would they put it on someone who's here legally and then release him ?"
Petray said there was a detainer on Solarzano, and the decision to release Solarzano is an immigration matter and does not involve the Sheriff's Office.
Swindle maintains his belief that his client was illegally held based on his race.
"It's obvious what they are doing, but whether the public cares is another thing," Swindle said.
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