A transgender driver who claims a Portland police officer grabbed her breasts and genitalia during a search instead of waiting for a female cop to arrive is suing the city for more than $200,000.



The suit states that Chlole Lucero, 27, "is male in outward appearance" but notes that her driver's license identifies her as female. The suit claims the officer was aware of this designation.



According to the suit, officer Kevin Macho pulled over Lucero on Nov. 2, 2008 near Northeast Schuyler Street and First Avenue as she was driving home from a birthday brunch with her family. The suit states that Macho screamed "Give me the bottle," then opened the driver's side door and yanked Lucero by her left arm in an attempt to get her out of the car.



The suit claims that Lucero said she had no bottle and hadn't been drinking, but the officer shoved Lucero against the car, examined her license and searched her "viciously and hurtfully, groping Chloe's breasts and genitalia."



The officer didn't find any evidence of drinking, so he wrote Lucero a ticket for failing to signal, driving in the wrong lane and failing to yield, according to the suit.



"He told Chloe to plead guilty because he hated going to court and would make Chloe's life miserable if he had to appear," states the suit, which was filed Friday in Multnomah County Circuit Court by Beaverton attorney Dan DeNorch.



DeNorch couldn't be reached for further details about the encounter. The city attorney's office declined comment, stating its practice of withholding comment on pending litigation.



Lt. Kelli Sheffer, a Portland police spokeswoman, said while not commenting on the specific case, officers of both genders routinely "pat down" suspects to determine if they have weapons and to secure a situation, regardless of their gender.



"It's not going to matter if it's a male or female because we're talking officer safety," Sheffer said.



But when it comes to a more detailed and possibly intrusive "search," Sheffer said officers commonly call a member of the same gender as the suspect to search for items, such as drugs. The bureau's Manual of Policy and Procedure, however, allows for officers of the opposite gender to conduct a search.



Sheffer wasn't aware of a bureau procedure outlining searches of transgender individuals. No mention is made in the bureau's manual. Sheffer said she'd personally ask the individual what gender officer he or she would like to conduct the search.



"I can't give you an explanation because it's not something I've been around," Sheffer said. "It's a new area."



Marty Davis, the publisher of Just Out, said there should have been no question about whether it was appropriate for a male officer to search Lucero, if she'd already identified herself as female.



"You're searching a person with a gender identity, and that identity is female," Davis said. "It's not for someone else to define. It's just not open for someone else to interpret."



Kendall Clawson — executive director of Q Center, Oregon's LGBTQ Community Center — said although she's not directly familiar with Lucero's case, her organization would gladly offer training to police officers. Gay, lesbian and especially transgender people are concerned about issues such as this, she said.



"They don't get the same rights or respect as any woman who was dragged out of a car and groped," Clawson said. "...People would not tolerate that."



Lucero seeks $100,000 for mental, emotional and physical pain and suffering, $3,713 for medical costs that include torn muscles and $100,000 for future medical and psychiatric care.





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